Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
KTA Construction Inc; 2010-02-22; PWS10-13ENG Part 1 of 3
CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 BID NO. PWS10-13ENG Revised 03/25/09 Contract No. 38372 Page 1 of 1 TABLE OF CONTENTS Item Page Notice Inviting Bids 7 Contractor's Proposal 11 Bid Security Form 21 Bidder's Bond to Accompany Proposal 22 Guide for Completing the "Designation Of Subcontractors" Form 24 Designation of Subcontractor and Amount of Subcontractor's Bid Items 26 Bidder's Statement of Technical Ability and Experience 27 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 28 Bidder's Statement Re Debarment 29 Bidder's Disclosure of Discipline Record 30 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 32 Contract Public Works 33 Labor and Materials Bond 39 Faithful Performance/Warranty Bond 41 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 43 Revised 06/10/09 Contract No. 38372 Page 2 of 130 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 46 1-2 Definitions 47 1-3 Abbreviations 51 1-4 Units of Measure 54 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 56 2-2 Assignment 56 2-3 Subcontracts 56 2-4 Contract Bonds 57 2-5 Plans and Specifications 58 2-6 Workto be Done 62 2-7 Subsurface Data 62 2-8 Right-of-Way 62 2-9 Surveying 62 2-10 Authority of Board and Engineer 66 2-11 Inspection 67 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 67 3-2 Changes Initiated by the Agency 68 3-3 Extra Work 69 3-4 Changed Conditions 71 3-5 Disputed Work 73 Section 4 Control of Materials 4-1 Materials and Workmanship 76 4-2 Materials Transportation, Handling and Storage 80 Section 5 Utilities 5-1 Location 81 5-2 Protection 81 5-3 Removal 82 5-5 Delays 83 5-6 Cooperation 83 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 83 6-2 Prosecution of Work 88 6-3 Suspension of Work 89 6-4 Default by Contractor 89 6-5 Termination of Contract 90 6-6 Delays and Extensions of Time 90 6-7 Time of Completion 91 6-8 Completion, Acceptance, and Warranty 92 6-9 Liquidated Damages 93 6-10 Use of Improvement During Construction 93 Revised 06/10/09 Contract No. 38372 Page 3 of 130 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 93 7-2 Labor 93 7-3 Liability Insurance 94 7-4 Workers' Compensation Insurance 94 7-5 Permits 94 7-6 The Contractor's Representative 95 7-7 Cooperation and Collateral Work 95 7-8 Project Site Maintenance 95 7-9 Protection and Restoration of Existing Improvements 97 7-10 Public Convenience and Safety 98 7-11 Patent Fees or Royalties 105 7-12 Advertising 105 7-13 Laws to be Observed 105 7-14 Antitrust Claims 105 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 105 9-2 Lump Sum Work 106 9-3 Payment 106 •K Revised 06/10/09 Contract No. 38372 Page 4 of 130 Pages Part 2 SUPPLEMENTAL PROVISIONS TO PART 2, 3 AND 6 OF THE SSPWC Construction Materials Section 207 Pipe 207-2 Reinforced Concrete Pipe 110 207-9 Iron Pipe & Fittings 110 207-10 Steel Pipe 110 207-25 Underground Utility Marking Tape 111 Section 212 Landscape and Irrigation Materials 212-1 Landscape Materials 112 212-2 Irrigation System Materials 113 212-3 Electrical Materials 115 Section 213 Engineering Fabrics 213-2 Geotextiles 116 213-3 Erosion Control Specialties 117 Section 215 Fencing 215-1 Environmental Fencing 117 PART 3 Construction Methods Section 300 Earthwork 300-1 Clearing and Grubbing 118 300-2 Unclassified Excavation 118 300-3 Structure Excavation and Backfill 120 300-4 Unclassified Fill 120 300-5 Borrow Excavation 121 300-9 Geotextiles for Erosion Control and Water Pollution Control 121 300-12 Rock Slope Protection Fabric 122 300-13 Storm Water Pollution Prevention Plan 123 Section 308 Landscape and Irrigation Installation 308-6 Maintenance and Plant Establishment 126 308-8 Measurement and Payment 126 Section 313 Temporary Traffic Control Devices 313-1 Temporary Traffic Pavement Markers 127 313-2 Temporary Traffic Signing 127 313-3 Temporary Railing (Type K) and Crash Cushions 128 313-4 Measurement and Payment 129 TECHNICAL SPECIFICATIONS DIVISION 02 - SITE WORK 02230 Site Clearing 02273 Rip-Rap 02300 Earthwork 02630 Storm Drainage Revised 06/10/09 Contract No. 38372 Page 5 of 130 Pages Appendix A Stockpile Assessment, Alga Norte Community Park, February 21, 2007 Appendix B Geotechnical Evaluation, Alga Norte Community Park, June 14, 2006 Appendix C Miscellaneous Standard Drawings Appendix D Storm Water Pollution Prevention Plan (SWPPP) Appendix E California Water Quality Control Board Permit (WDID) number - NOI Revised 06/10/09 Contract No. 38372 Page 6 of 130 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON DECEMBER 3, 2009, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: mass grading, storm drain, and erosion control of Alga Norte Community Park. ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc. all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. A•^ Revised 06/10/09 Contract No. 38372 Page 7 of 130 Pages The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a)- 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $2,607,000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: Class A - General Engineering Contractor. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $ 40 per set. If plans and specifications are to be mailed, the cost for postage should be added. Revised 06/10/09 Contract No. 38372 Page 8 of 130 Pages INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. The City Council has determined that it is not in the best interest of the city to require the payment of prevailing wages for this project. Payment of prevailing wages is at contractor's discretion. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. Revised 06/10/09 Contract No. 38372 Page 9 of 130 Pages BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend ip full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2009-241, adopted on the 6TH day of October, 2009. October 19, 2009 Date Deputy City Clerk A•^ Revised 06/10/09 Contract No. 38372 Page 10 of 130 Pages CITY OF CARLSBAD ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 38372 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE "A" EARTHWORK AND EROSION CONTROL Approximate Item Description Quantity Unit Price Total Amount No. (Price in Words) And Unit (Figures) (Figures) A-1 Mobilization, demobilization LS $ 20,000 $ 20,000 and preparatory work at a stipulated lump sum of twenty thousand dollars (Stipulated Price) A-2 Construction schedule LS $ 10,000 $ 10,000 stipulated lump sum of ten thousand dollars (Stipulated Price) A-3 Clearing and Grubbing per LS $ 2L2L, section 02230, Part 3.4 at TW (Price in Words) A-4 Earthwork, including LS unclassified excavation, structural excavation and backfill (Price in Words) A-5 Sheeting, shoring, bracing for LS $ 10, OOP protection of trench and workers in excavation (Price in Words) Addendum No. 5 Contract No. 38372 Page 11 of 130 Item Description No. (Price in Words) A-6 Stabilized Construction Entrance (Price in Words) A-7 Check Dam (SC-4) (Price in Words) A-8 Inlet Protection (SC-10) (Price in Words) A-9 Gravel Bags -t-v*Lr-*TY f (Price in Words) A-9 Drainage swale (EC-9) (Price in Words) A-10 Silt Fencing (Price in Words) A-1 1 Geotextile Mats for Slope Protection <v>>> (Price in Words) Approximate Quantity Unit Price And Unit (Figures) 1 EA $ 36 EA $ 10,000 EA $_ LS (Price in Words) A-1 2 Erosion control hydroseed, preparation, and irrigation (including solar controller) 800 LF $ |_2. 3,000 LF $ l_ 2,500 LF $ /_ 2,-r LS $ 19 c^. A-1 3 Temporary Traffic Control LS Total Amount (Figures) $ $ $ f 9g?. Addendum No. 5 Contract No. 38372 Page 12 of 130 Item No. A-14 Description (Price in Words) Environmental Fencing ^.V/Cp -THau^AfviV boll Approximate Quantity And Unit 3,500 LF $ ftW Unit Price (Figures) UJ_ Total Amount (Figures) $ "7 oc£ ' (Price in Words) A-15 Access Control Gate 1 EA (Price in Words) Total amount of bid in words for Schedule "A": M£r-*zL Total amount of bid in numbers for Schedule "A": $ 77 Item A-4 (Earthwork) should reference SSPWC Section 300-2 through 300-5 and Technical Specification Section 02300 Items A6 through A- 11 (Erosion Control) should reference SSPWC Section 300-9 attached and General Provisions Section 3-2.2.1 Item A-12 (Erosion Control for Hydroseed) should reference SSPWC Section 308-8 attached Addendum No. 5 Contract No. 38372 Page 13 of 130 SCHEDULE "B" STORM DRAIN IMPROVEMENTS Item No. Description (Price in Words) B-1 Storm Drain point of connection (Price in Words) B-2 12" Storm Drain (Price- in Words) B-3 15" Storm Drain (Price in Words) B-4 18" Storm Drain (Price in Words) B-5 24" Storm Drain (Price in Words) B-6 30" Storm Drain (Price in Words) B-7 36" Storm Drain (Price in Words) B-8 48" Storm Drain (Price in Words) B-9 72" Storm Drain (Price in Words) Approximate Quantity And Unit 2EA $ 1065LF Unit Price (Figures) 455 LF $ Zc? 505 LF $ 2-,2 915LF $ 420 LF $ 375 LF $ 1090LF $ $ / / 75 LF $ Z/o Total Amount (Figures) $ J $ . $ I «T S"< Addendum No. 5 Contract No. 38372 Page 14 of 130 Item No. Description (Price in Words) B-10 72" Pipe Collar (Price in Words) B.-1 1 Modified headwall wing including chainlink fence as shown on plan Type (Price in Words) B-12 Type F Catch Basin (Price in Words) B-13 Type G Catch Basin (Price in Words) B-15 Concrete Anchors (Price in Words) B-17 Rip Rap Energy Dissipater frt^OC (Price in Words) B-18 Rip Rap Energy Dissipater (Relocate) (Price in Words) Approximate Quantity Unit Price And Unit (Figures) TEA 7EA 13 EA 16 EA 9 EA (Price in Words) B-16 24" x 24" Concrete Brooks Box 9 EA $ (Price in Words) B-14 2'x4'x60' Reinforced Concrete 24.3 CY $_ Box 125 CY $ 1640CY $ $ Z $ Z $ -4-50 Total Amount (Figures) $ $ -^ c?. Addendum No. 5 Contract No. 38372 Page 15 of 130 Item No. Description (Price in Words) B-19 Concrete Lug (Price in Words) B-20 Inlet Apron (Price in Words) B-21 Storm Drain Cleanout (Price in Words) B-22 Sediment Riser (Price in Words) B-24 Filter Fabric for rip rap protection Approximate Quantity Unit Price And Unit (Figures) 1 EA 1 EA SEA 4EA (Price in Words) Rip rap relocation for slope protection LS 125SY (Price in Words) Total amount of bid in words for Schedule "B": $ Total Amount (Figures) $ -f Total amount of bid in figures for Schedule "B": $ Total amount of bid in words including Schedule "A" and "B": Total amount of bid in figures including Schedule "A" and "B": $ / j ^ -\ ''-* The basis of award will be the sum of Schedule "A" and "B". . j OPENED, WITNESSED AND RE Price(s) given above are firm for 90 days after date of bid opening. DATE Addendum No. 5 Contract No. 3837?2 SlGNAi Page 16 of 130 Addendum(a) No(s). /. 2_. *> f ^ y >" has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 1> °) g>2.3> -^ , classification A, which expires on / - \ i. 2-cP / ( , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is )~±O*JA (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. Addendum No. 5 Contract No. 38372 Page 17 of 130 Check a License or Home Improvement Salesperson (HIS) Registration - Contractors State ... Page 1 of 1 Department of Consumer Affairs »GOV Contractors State License Board Contractor's License Detail - License # 398284 £u DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. - CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. * Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. ••* Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. ••» Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: Business Information: Entity: Issue Date: Expire Date: License Status: Classifications: 398284 Extract Date: 12/10/2009 K T A CONSTRUCTION INC 1920 CORDELL COURT #105 EL CAJON, CA 92020 Business Phone Number: (619) 562-9464 Corporation 01/20/1981 01/31/2011 This license is current and active. All information below should be reviewed. CLASS I DESCRIPTION GENERAL ENGINEERING CONTRACTOR Bonding: CONTRACTOR'S BOND This license filed Contractor's Bond number CALFSU0382432 in the amount of $12,500 with the bonding company INTERNATIONAL. FIDELITY INSURANCE COMPANY. Effective Date: 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) PAUL MICHAEL HENDERSON certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 01/20/1981 An employee service group holds the workers compensation insurance. Policy Number: 2246 Workers' Compensation: Effective Date: 01/14/2007 Expire Date: None Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Other Licenses; Conditions of Use | Privacy Policy Copyright © 2009 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicense/LicenseDetail.asp 12/10/2009 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by'a general partner) (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail Addendum No. 5 Contract No. 38372 Page 18 of 130 IF A CORPORATION, SIGN HERE: . > /^> ,(1) Name under which business is conducted L/_, A ( CJ>A i ^ r>Q-u «_n o>^) j^^ »< ^ _. .,r //y / (2) ( , . - (Sigriafure) (Titte) Impress Corporate Seai here (3) Incorporated under the laws of the State of (4) Place of Business Zo CJ/LA^UC CT1 (Street and Number) City and State (5) Zip Code ^2^2^^ _ Telephone No. (j> /9 ~ (6) E-Mail NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Addendum No. 5 Contract No. 38372 Page 19 of 130 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of _2oQ_ On tVjC. VO.before me, personally appeared »--v IfM tt\ (Here insert name and title of the efficer) who proved to me on the basis of satisfactory evidence to be the person^) whose name(j() is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hef/thek authorized capacity(4es), and that by his/her/their signature^ on the instrument the person()j), or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal' BRIN BROWNE Commlwlon # 1742674 Notary PubHc - California j San Dt«go County HfrCernm.BipimApf29.20n I Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT r>c\ dofe (Title or description of attached document) (TitTe (V description of attached document continued) Number of Pages _ Document Date _ (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer D D D D (Title) Partner(s) Attorney-in-Fact Trustee(s) Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they^- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. * Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •> Indicate title or type of attached document, number of pages and date. * Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: ^) L. "T **»„*» Addendum No. 5 Contract No. 38372 Page 20 of 130 BID SECURITY FORM (Check to Accompany Bid) ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) •^ Revised 06/10/09 Contract No. 38372 Page 21 of 130 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 KNOW ALL PERSONS BY THESE PRESENTS: The Guarantee Company of That we, KTA Co n stru ct I on, I nc. , as Principal, and North America USA ( as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten percent (10%) of Bid Amount for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of.the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. Revised 06/10/09 Contract No. 38372 Page 22 of 130 Pages In the event Principal executed this bond as an shall not exonerate the Surety from its obligations individual, it is agreed that the death of Principal under this bond. Executed by PRINCIPAL this PRINCIPAL/, KTA ConstrulfiQnJnc. day of (name of Princips ST/L.1 0 j^> (print'name here) 0 (Title and Organization of Signatory) By: (sign here) (print name here) (title and organization of signatory) Executed by SURETY this, Of November 23rd ., 2QQ9 .day SURETY: The Guarantee Company of North America USA (name of Surety) 1800 Sutler Street, Suite 735 Concord, CA 94520 (address of Surety) (925) 348-2585 (telephone number of Surety) Bv: //^~" /fy (signature of Attornef-in-Fact) Maria Vhanneza Whitecage (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vices-president and secretary or assistant secretary must sign for corporations. If only one officer signs the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By:, Deputy Revised 06/10,119 Contract No. 3S372 Page 23 of 130 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On 11/23/2009 Date personally appeared _ before me,Audrey Rodriguez, Notary Public Here Insert Name and Title of the Officer Maria Vhanneza Whitecage Name(s) of Signer(s) AUDREY RODRIGUEZ f COMM. #1631526 « NOTARY PUBLIC-CALIFORNIA « SAN DIEGO COUNTY O My Commission Expires DECEMBER 1&, 3009 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s') is/dW6 subscribed to the within instrument and acknowledged to me that We/she/tWey executed the same in his/her/ttottff authorized capacity^), and that by m/her/WOt signature(s) on the instrument the person(£), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS Signature OPTIONAL )official seal. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Lawrence F. McMahon, James R. Sommerville, James Baldassare, Jr., Christine A. Paterson, Penny E. Kelley, Edward N. Hackett, Maria Vhanneza Whitecage Alliant Insurance Services, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31s' day of December 2003, of which the following is a true excerpt: <ESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of June, 2008. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN County of Oakland Stephen Dullard, Vice President Randall Musselman, Secretary On this 1st day of June, 2008 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed, to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2012 Acting in Oak/and County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. / I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. I WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 23rd day of November 2009 Randall Musselman, Secretary CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of c\r> On before me, personally appeared (Here insert name and title of the officer)" who proved to me on the basis of satisfactory evidence to be the person($) whose name(^) is/are subscribed to the within instrument and acknowledged to me that he/aho/thcy executed the same in his/hcr/thei? authorized capacity(ics-), and that by his/her/their signature^ on the instrument the personal, or the entity upon behalf of which the person($ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) BRIN BROWNE Commission * 1742674 Notory Public - CoWornk) | Ion Diego County * toliesApf».20ri I ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT . i\ (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date _ (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer D D D D (Title) Partner(s) Attorney-in-Fact Trustee(s) Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/theyr is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com CONSTRUCTION INC. ENGINEERING & BUILDING CONTRACTORS December 10, 2009 To Whom It May Concern: This letter shall serve as corporate resolution permitting Paul M. Henderson, President, to act as power of attorney and to bind the corporation as necessary in the course of conducting corporation business. IMo-cR Marilyn Lj Henderson Corporate Secetary Date 1920 CORDELL CT. SUITE 105 • EL CAJON • CA 92020 CALIFORNIA LIC NO. 398284 • NEVADA LIC. NO. 40479 • TEL: (619) 562-9464 • FAX: (619) 562-1685 • (800) 339-2151 Company Profile ' Page 1 of 1 Company Profile GUARANTEE COMPANY OF NORTH AMERICA USA (THE) 25800 NORTHWESTERN HWY., STE. 720 SOUTHFIELD, MI 48075 Former Names for Company Old Name: MID-STATE SURETY CORPORATION Effective Date: 12-20-2006 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH ST LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 36650 NAIC Group #: 0000 California Company IB #: 4609-4 Date authorized in California: October 14, 1999 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: MICHIGAN Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - June 26, 2009 05:53 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_prof?p_EID=62581 12/10/2009 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Revised 06/10/09 Contract No. 38372 Page 24 of 130 Pages Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. •^ Revised 06/10/09 Contract No. 38372 Page 25 of 130 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work Subcontractor Name and Location of Business Subcontractor's License No. and Classification* Amount of Work by Subcontractor in Dollars* 4 O\ |Ho^ ST. fl/~7lO X ( J/LAJ I&-1 i IU 0 •JA -L^, CA. Page.of pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." oRevised 06/10/09 Contract No. 38372 Page 26 of 130 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer Name and Phone No. of Person to Contract Type of Work Amount of Contract T\m c\(a\n Q, Stain dfaih Q, °\mir ftero Dr. San Oi?, °ti\Trb Dn Ara\'n c\vvcn San t>ieap (Wo dr.r ^LuSctrdj G Ana-.CO Q. San blda \v\-m 00 C Revised 06/10/09 Contract No. 38372 Page 27 of 130 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: D Comprehensive General Liability D Automobile Liability D Workers Compensation D Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 06/10/09 Contract No. 38372 Page 28 of 130 Pages A£0*t? CERTIFICATE OF LIABILITY INSURANCE OP»JLCI PRODUCER Triple Crown Insurance 6151 Fairmount Ave. Ste. 211 San Diego CA 92120 Phone:619-280-8700 Fax:619-280-8702 INSURED KTA Construction, Inc. 1920 Cordell Ct., #105 El Cajon CA 92020 1 DATE (MM/DD/YYYY) ' 12/10/09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Int«rstate Fir« s Casualty Co. INSURER B: INSURER C: INSURER D: INSURER E: NAIC# 22829 COVERAGES MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSK LTR A MJLf L NSRD X TYPE OF INSURANCE GENERAL LIABILITY JC_ X X COMMERCIAL GENERAL LIABILITY | CLAIMS MADE | X | OCCUR Owner/Cent Prot . Blnkt Contr Liab GEN'L AGGREGATE LIMIT APPLIES PER | POLICY |x~l JECT | | LOC AUTOMOBILE LIABILITY • ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS / UMBRELLA LIABILITY | OCCUR | | CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILfTY Y ; N ANY PROPRIETOR/PARTNER/EXECUTIVE i 1 OFFICER/MEMBER EXCLUDED?(Mandatory In NH) ' ' If yes, describe under SPECIAL PROVISIONS below OTHER POLICY NUMBER SGL1001835 POLICY EFFECTIVE DATE (MM/DD/YYYY) 05/04/09 POLICY EXPIRATIONDATE (MM/DD/YYYY) 05/04/10 LIMITS EACH OCCURRENCE U/Wlrt^t 1 U KEN 1 CL> PREMISES (Ea occurence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN EAACC AUTO ONLY AeG EACH OCCURRENCE AGGREGATE WC STAfU- OIH- TORY LIMITS ER EL EACH ACCIDENT E.L DISEASE - EA EMPLOYEE EL DISEASE - POLICY LIMIT $ 1000000 $50000 $ EXCL $ 1000000 $2000000 $2000000 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ City of Carlsbad, its Officials, Employees and Volunteers are named as additional insured regarding all operations of the named insured. Primary/Non-Contributory wording applies. *10 day notice of cancellation for non-payment of premium applies. CERTIFICATE HOLDER CANCELLATION CITXCA1 Pi f-\r rt-F farl «:h^H 1200 Carlsbad Village Dr. Carlsbad CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACOR 025(2009/01)© 1988-2009 ACORDCORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: SGL-1001835 COMMERCIAL GENERAL LIABILITY INSURED: KTA Construction, Inc. EFF: 05/04/09 to 05/04/10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. City of Carlsbad, its Officials, Employees & Volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to mis endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your" work for that insured by or for you. Primary Insurance: To the extent required under contract, this policy will apply as primary insurance to additional insureds scheduled above and other insurance which may be available to such additional insureds will be non-contributory. CG 2010 11 85 Copyright, Insurance Services Office, Inc, 1984 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 04 10 93 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 05/04/09 12:01 A.M standard time Named Insured KTA Construction, Inc. (Authqjfzed Representative) SCHEDULE Name of Person or Organization: City of Carlsbad, its Officials, Employees & Volunteers Re: All Operations Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV— COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your works done under a contract with that person or organization and included in the products-comp 1 eted operations hazard." This waiver applies only to the person or organization shown in the Schedule above. CL 675(10-93) CO 2404 10 93elec.APS Copyright. Insurance Services Office, Inc. 1992 Page 1 of I ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/9/2009 PRODUCER (619)683-9990 FAX: (619)683-9999 Michael Ehrenfeld Company 2655 Camino Del Rio North #200 San Diego CA 92108 INSURED KTA Construction, Inc 1920 Cordell Court Suite 105 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. El Cajon CA 92020 INSURERS AFFORDING COVERAGE INSURER A: Redland Insurance Company INSURERS:Great American insurance INSURER C: INSURER D: _ _ INSURERS: NAIC# COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR^DD'L! „.„»„...„=,» POLICY EFFECTIVE i POLICY EXPIRATIONLTR [NSRDI TYPE OF INSURANCE POLICY NUMBER DATE IMM/DD/YYYYI ; DATE IMM/DD/YYYYI LIMITS GENERAL LIABILITY i EACH OCCURRENCE ! $ DAMAGE TO RENTED -'---- COMMERCIAL GENERAL LIABILITY ; PREMISES I§a occurrence) . $ CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL &ADV INJURY ! $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OPAGG $ POLICY JECT LOC AUTOMOBILE LIABILITY r-niiniMcrUUMblNhL X ANY AUTO (Eaacciden A ALL OWNED AUTOS RICCA0003062 7/1/2009 ,7/1/2010 BODILY IN SCHEDULED AUTOS (Per person HIRED AUTOS BODILY IN NON-OWNED AUTOS 'Per accide '• • -- - - - i . PROPERTY: 1 (Per accide GARAGE LIABILITY i AUTOONL ,.. ANY AUTO ; | OTHER TH ' ; | | ; AUTOONL EXCESS /UMBRELLA LIABILITY i EACH OCC OCCUR | CLAIMS MADE ' AGGREGA DEDUCTIBLE RETENTION S DINGLE LIMIT $ 1; 000, 000 )URY i $ URY ' «. nt) * ' DAMAGE , nt) * Y - EA ACCIDENT $ AN JAA«l.$ V: AGG J URRENCE $ TE $ $ : $ $ WORKERS COMPENSATION WC STATU- OTH- ANDEMPLOYERS'LIABILITY y/N : TORY LIMITS , . ER . ANY PROPRIETOR/PAKTNER/EXECUTIVE 1 1 E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? - . . (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If ves describe underSPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ B OTHERcontractors Rented/ IMP670-51-02-08 10/7/2009 10/7/2010 $150,000 Total Limit Leased equipment $1000 ded. DESCRIPTION OF OPERATIONS /LO CATIONS / VEHICLES /EXCL USIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE: Algna Norte Community Park Mass Grading *10 DAY NOTICE IN THE EVENT OF CANCELLATION FOR NONPAYMENT CERTIFICATE HOLDER CANCELLATION City of Carlsbad its officials employees and volunteers 1200 Carlsbad Village Drive Carlsbad, CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEDBEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ^-p ,? Todd Tropio/LR ^T^-eJL^S>^ ^"l-^**y^ — ^> ACORD 25 (2009/01) INS025 (200901) © 1988-2009 ACORD CORPORATION. Allr ights reserved. The ACORD name and logo are registered marks of ACORD >„„,., IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) INS025 (200901) CERTIFICATE OF INSURANCE Issue Date: PRODUCER Ron Graybeal Beecher Carlson Insurance Agency 220 NW 2nd Avenue, Suite 800 Portland. OR 97209-3951 INSURED Barrett Business Services, Inc 8100 NE Parkway, Suite 200 Vancouver WA 98662 And all insureds as defined by a co-employer contract incl.: KTA CONSTRUCTION, INC CSLB License No. 398284 1920 CORDELL CT STE 105 EL CAJON CA 92020-0900 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY LETTER A National Union Fire Insurance Company of Pittsburg PA COMPANY LETTER B COMPANY LETTER C COMPANY LETTER D COMPANY LETTER E COVERAGES NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITION OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE EXPIRATION LTR TYPE OF INSURANCE NUMBER DATE DATE GENERAL LIABILITY GENERAL AGGREGATE I I COMMERCIAL GENERAL LIABILITY Policy Effective Expiration PRODUCTS-COMP/OPS AGGREGATE [_~]CLAIMS MADE [ I OCCUR Number - Date Date' PERSONALS ADVERTISING INJURY | 1 OWNER'S & CONTRACTORS PROT EACH OCCURRENCE FIRE DAMAGE (Any one fire) MEDICAL EXPENSE (Anyone person) AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULE AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY j | UMBRELLA FORM | | OTHER THAN UMBRELLA FORM WORKERS COMPENSATION A AND EMPLOYERS' LIABILITY 4880390 COMBINED SINGLE LIMIT BODILY IN JURY(Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE COLLISION DEDUCTIBLE COMPREHENSIVE DEDUCTIBLE AGGREGATE I $XXX,XXX ($15,000,000 $1,000,000 1/1/2010 1/1/2011 $1,000,000 $1,000,000 sxxx.xxx $xxx,xxx SXXX.XXX SXXX.XXX $xxx,xxx $xxx,xxx $xxx,xxx$xxx.xxx$xxx,xxx$xxx,xxx $xxx,xxx $xxx,xxx LIMIT (EACH ACCIDENT) (DISEASE-POLICY LIMIT) (DISEASE-EACH EMPLOYEE) OTHER Covered states -CA DE OR WA DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/ RESTRICTIONS/SPECIAL ITEMS Limits shown are above a $5 000,000 self-insured retention CERTIFICATE HOLDER Ihis section intentionally left blank Contractors State License Board 9821 Business Park Dnve Sacramento, CA 95827 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL MAIL 39 DAYS WRITTEN NOTICE TO THE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS, OR REPRESENTATIVES. Authorized Representative -y R Graybeal, CPCU, ARM sf^S.fsfrw doc: COI-3 A Human Resource January 04, 2010 KTA CONSTRUCTION, INC 1920CORDELLCT STE 105 EL CAJON, CA 92020-0900 Re: Barrett Business Services, Inc. ("BBSI") Letter of Self-Insurance for Workers' Compensation Coverage For KTA CONSTRUCTION, INC, CSLB license number 398284 As the named addressee of this Letter, your company's required workers' compensation coverage is provided through BBSI's state approved Self-Insured Workers' Compensation Plan. As a party to a co-employment contract with BBSI, which is effective from 1/1/2010 to 12/31/2010, California Labor Code §3602 allows KTA CONSTRUCTION, INC to obtain its workers' compensation coverage from BBSI. BBSI's California customers can also verify BBSI's state certification at www.dir.ca.gov./SIP/sip.html: next, click on "Rosters"; then click on Private self insured employers: then scroll down to Barrett (the list is alpha by company name). Additional information is as follows: Self-Insurance Certification Number: California: 2246 Oregon: 1068 Washington: 706, 116 Delaware: 152 Maryland: 11365 Colorado: 463 Notice of Termination: In the event the contract between BBSI and KTA CONSTRUCTION, INC is terminated, BBSI must provide notice of the termination within seven (7) days to the California Contractors State License Board ("CSLB"). Other Comments (place an "X" if applicable): | X | Waiver of Subrogation: BBSI and KTA CONSTRUCTION, INC agree to waive their right of subrogation for the benefit of: City of Carlsbad at "CMP Replacement Program - State Street and Oak Ave. Contract #6607-08-01 | X | Named "Letter Holder": City of Carlsbad -1200 Carlsbad Village Drive Carlsbad, CA 92008 | X I Other: "All Operations" Additionally, BBSI's self-insured program is further supported by an excess workers' compensation insurance policy with American International Group (AIG), see accompanying certificate of insurance. For additional information, please contact your local BBSI office at: (951) 296-3770 . Very truly yours, ... . ,.,.,.. BBSI Office: TEMECULAMichael L. Ehch Vice President and Chief Operating Officer doc: LOSI-S 8100 HE Parkway Drive, Suite 200 Vancouver, Washington 98662 800.494.5669 360.828.0700 Fax 360.828.0701 www.barrettbusiness.com - - — PARTNERS IN PROFITABILITY - •• - BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debar- ments. party debarred agency period of debarment party debarred agency period of debarment BY CONTRACTOR: By: Contractor) 7 ////- (sign here) T (print name/title) Page /__ Of / pages of this Re Debarment form Revised 06/10/09 Contract No. 38372 Page 29 of 130 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed?y, yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page /_ of j£ pages of this Disclosure of Discipline form Revised 06/10/09 Contract No. 38372 Page 30 of 130 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the cdndition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: (name of jContractor) Bv: W (sign here) ^(print name/title) c« Page Z- of 2- pages of this Disclosure of Discipline form Revised 06/10/09 Contract No. 38372 Page 31 of 130 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 State of California ) ) ss. County of ) i-vv^'L ^-/. prx4A/t*-«^ , being first duly sworn, deposes /(Name of Bidder) and says that he or she is / (Title) . /_ /-t Of (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on toe jo^- day of OyT-*-/Ti^A/txv. , 2QQ>0- . . /// ////,, Signature-tit Bidder /i .l'/t-J*-&v&'tj^:r Subscribed and sworn to before me on the \ day of , 20_ (NOTARY SEAL) \Signature of Notary Revised 06/10/09 Contract No. 38372 Page 32 of 130 Pages Jurat State of California County of Subscribed and sworn to (or affirmed) before me on this yJ day of 20 _ by proved to me on the basis of satisfactory evidence to be the person()() who appeared before me. Signature (Notary BRIN IROWNE | mlMton* 1742674 I Notary ftiWte • Callfomla | San DMQO County OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT \qxv (Title or description of attached document) (ttle or description of attached document continued) Number of Pages Document Date (Additional information) INSTRUCTIONS FOR COMPLETING THIS FORM The wording of all Jurats completed in California after January 1, 2008 must be in the form as set forth within this Jurat. There are no exceptions. If a Jurat to be completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one which does contain proper wording. In addition, the notary must require an oath or affirmation from the document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation. If the document was previously signed, it must be re-signed in front of the notary public during the jurat process. State and County information must be the State and County where the document signer(s) personally appeared before the notary public. Date of notarization must be the date that the signers) personally appeared which must also be the same date the jurat process is completed. Print the name(s) of document signer(s) who personally appear at the time of notarization. Signature of the notary public must match the signature on file with the office of the county clerk. The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different jurat form. <• Additional information is not required but could help to ensure this jurat is not misused or attached to a different document. •> Indicate title or type of attached document, number of pages and date. Securely attach this document to the signed document 2008 Version CAPAv 1.9.07 800-873-9865 www.NotaryClasses.com of Carlsbad Public Works - Contract Administration October 29, 2009 ADDENDUM NO. 1 RE: ALGA NORTE COMMUNITY PARK MASS GRADING BID NO. PWS10-13ENG, CONTRACT NO. 38372 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum—receipt acknowledged—must be attached to your Request for Bid when your bid is submitted. [EVIN DAVIS Sr. Contract Administrator Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature 1635 Faraday Avenue » Carlsbad. CA 82008-7314 • (760) S02-4S77 • FAX (760) 602-85S2 CITY OF CARLSBAD ALGA NORTE COMMUNITY PARK MASS GRADING, CONTRACT NO. 38372 ADDENDUM NO. 1 Project Contact: Brandon Miles, Associate Engineer 760.602.2745 (Business) 760.602.8562 (Fax) Number of Pages: 17 (including this page) Date: October 29, 2009 Bid Opening Date: December 3, 2009 2:00 pm (unchanged) TECHNICAL SPECIFICATIONS 1. Section 02300 - FINAL EARTHWORK Replace entire section with Addendum No. 1 as attached. 2. Section 02273 - RIP RAP Replace entire section with Addendum No. 1 as attached. CONSTRUCTION PLANS 1. Sheet Cl Delete the words, "STRUCTURAL BACKFILL" under the Earthwork Quantities and replace with the words, "SELECT FILL". 2. Sheet C2 and C3. a. In Note 1, first paragraph, replace the word, "C1" with the words , "SHEETS Cl THROUGH C3". b. In Note 1, first paragraph, replace the numbers, "3.10" with the numbers, "3.8" after the word PART. Alga Norte Community Park (Mass Grading) Addendum No. 1 Pa8e 1 of 1 EARTHWORK SECTION 02300 SECTION 02300 - EARTHWORK PART1 -GENERAL 1.1 THE REQUIREMENT A. The work of this Section includes all earthwork required for construction of the WORK. Such earthwork shall include, but not be limited to, the loosening, removing, loading, transporting, depositing, and compacting in its final location of all materials wet and dry, as required for the purposes of completing the work specified in the Contract Documents, which shall include, but not be limited to, the furnishing, placing, and removing of sheeting and bracing if necessary to safely support the sides of all excavation; all pumping, ditching, draining, dewatering, and other required measures for the removal or exclusion of water from the excavation; the supporting of structures above and below the ground; all backfilling around structures and all backfilling of trenches and pits; the disposal of excess excavated materials; alluvial removals, selective grading of expansive soils, soil importing, borrow of materials to make up deficiencies for fills; and all other incidental earthwork, all in accordance with the requirements of the Contract Documents. B. Soil Report: The recommendations within the project's soil report (Geotechnical Evaluation, Alga North Community Park, Carlsbad, California, prepared by Ninyo and Moore dated June 14, 2006 Project No. 104600002 and Addendum dated October 18, 2006) shall be incorporated into this specification. In the event of a conflict between the geotechnical report and these specifications and the project plans, immediately consult the project's Civil Engineer. Additional site information is available in report by Ninyo & Moore entitled Stockpile Assessment dated February 21, 2007. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Division 02 FACILITIES SITEWORK, as applicable. B. Division 15 MECHANICAL, Piping, General. 1.3 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. Comply with the applicable reference specifications as specified in the GENERAL PROVISIONS. B. Comply with the current provisions of the following Codes and Standards: 1. Commercial Standards: ASTM C 136 - Test Method for Sieve Analysis of Fine and Coarse Aggregates. ASTM D 422 - Test Method for Particle-Size Analysis of Soils. ASTM D 1556 - Test Method for Density of Soil in Place by the Sand-Cone Method. ASTM D 1557 - Test Methods for Moisture-Density Relations of Soils and Soil- Aggregate Mixtures Using 10-lb (4.54-kg) Rammer and 18-in (457-mm) Drop. ASTM D 2419 - Test Method for Sand Equivalent Value of Soils and Fine Aggregate. A•K City of Carlsbad - Contract No. 38372 Page 1 of 12 Pages Addendum 1 EARTHWORK SECTION 02300 ASTM D 2435 - Test Method for One-Dimensional Consolidation Properties of Soils. ASTM D 2487 - Classification of Soils for Engineering Purposes. ASTM D 2922 - Test Methods for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth). ASTM D 3017 - Test Methods for Moisture Content of Soil & Rock in Place by Nuclear Methods (Shallow Depth). ASTM D4829 - Standard Test Method for Expansion Index of SoilsUBC Standard. 4£-2—Test Method for Expansion Index of Soils. 2. Standard Specifications: Standard Specifications for Public Works Construction (SSPWC) Section 211 - Soil and Aggregate Tests SSPWC Section 300 - Earthwork SSPWC Section 306-1 - Open Trench Operations 3. Uniform Building Code. 4. California Labor Code. 1.4 CONTRACTOR SUBMITTALS A. Submittals, including samples of materials, shall be in accordance with the GENERAL PROVISIONS. B. The CONTRACTOR'S attention is directed to the provisions for "Shoring and Bracing Drawings" in Section 6705 of the California Labor Code, and SSPWC Section 306-1.1. The CONTRACTOR, prior to beginning any trench or structure excavation 5 feet deep or over shall submit to the ENGINEER and shall be in receipt of the ENGINEER written acceptance of the CONTRACTOR'S detailed plan showing design of all shoring, bracing, sloping of the sides of excavation, and other provisions for worker protection against the hazard of caving ground during the excavation of such trenches or structure excavation. The plans shall be prepared by a qualified civil or structural engineer licensed in the State of California and employed by an.independent engineering firm insured against errors and omissions to the extent required by the ENGINEER. The submittal(s) shall include a site location map referencing existing features; detailed plans; elevations, and various sections indicating all excavation slopes, shoring components and connections and showing all structures and utilities potentially influenced by the performance of shoring, trenching or structure excavation along with supporting calculations; notes including sequence of construction, materials, and other clarification as required by the California Labor Code, SSPWC, and the contract documents. 1.5 QUALITY ASSURANCE A. General: All soils testing will be done by a testing laboratory of the ENGINEER'S choice at the AGENCY'S expense except as specified in Paragraph 1.5C below. A^K City of Carlsbad - Contract No. 38372 Page 2 of 12 Pages Addendum 1 EARTHWORK SECTION 02300 B. Where soil material is required to be compacted to a percentage of maximum dry density, the maximum dry density at optimum moisture content will be determined in accordance with the latest version of ASTM D 1557. In-place field density tests will be performed in accordance with ASTM D 1556, (sand cone) and/or ASTM D 2922 and ASTM D 3017 (nuclear gauge). The number and location of field density tests will be determined by the ENGINEER. C. In case the tests of the fill or backfill show non-compliance with the required density, the CONTRACTOR shall accomplish such remedy as may be required to ensure compliance. Subsequent testing to show compliance shall be by a testing laboratory selected by the ENGINEER and shall be at the CONTRACTOR'S expense. All imported fill material not specified in the contract shall be tested at the CONTRACTOR'S expense and approved by the ENGINEER. D. Where imported fill material is required to possess certain gradation, strength, and settlement properties, the grain size distribution of the soils will be determined using ASTM D 422, the gradation of concrete aggregate and base materials will be determined using ASTM C 136, the sand equivalent of soils will be determined using ASTM D 2419, the consolidation of soils will be determined using ASTM 'D 2435, the unconfined compressive strength of soils will be determined using ASTM D 2166, and the expansion index of soils will be determined using UBC Standard 18-2. 2.1 SUITABLE FILL AND BACKFILL MATERIAL REQUIREMENT A. General: Fill, backfill, and embankment materials shall be suitable selected or processed clean, fine earth, rock, or sand, and free from grass, roots, brush, or other vegetation; contamination; or deleterious material. The size, gradation, and properties of the materials shall be in accordance with the requirements of the soil report and these specifications. B. Suitable materials may be obtained from onsite excavations, may be processed onsite materials, or may be imported provided these materials meet all the requirements in the contract documents. Suitable materials will not be evaluated in place, but rather tested from the CONTRACTOR'S onsite stockpile when a request is provided in accordance with the contract documents. Unless stated otherwise, the request will be evaluated in 3 working days. If imported materials are required to meet the requirements of this Section or to meet the quantity requirements of the project, the CONTRACTOR shall provide the imported fill materials and the required conformance reports of test results at no additional expense to the AGENCY, unless a unit price item is included for imported materials (including the appropriate required testing reports) in the bidding schedule. Unclassified fill shall consist of all fill unless separately designated. Unclassified fill shall conform to the requirements of the SSPWC. The following types of suitable materials are designated and defined as follows: 1. Crushed Aggregate Base (CAB) shall conform to the requirements of SSPWC Section 200-2.2. 2. Crushed Miscellaneous Base (CMB) shall conform to the requirements of SSPWC Section 200-2.4. •^ City of Carlsbad - Contract No. 38372 Page 3 of 12 Pages Addendum 1 EARTHWORK SECTION 02300 Drainrock shall be crushed rock or gravel, durable and free from slaking or decomposition under the action of alternate wetting or drying. The material shall be uniformly graded and shall meet the following gradation requirements: < , Sieve Size V 1-inch 3/4-inch 3/8-inch No. 4 No. 8 No. 30 No. 50 No. 200 ? Percentage Passing' < 100 90-100 40-100 25-40 18-33 5-15 0-7 0-3 The drainrock shall have a sand equivalent value not less than 75. The finish graded surface of the drainrock immediately beneath hydraulic structures shall be stabilized to provide a firm, smooth surface upon which to construct reinforced concrete floor slabs. 4. Primary Structural RUSelect Fill shall senform to the General Specifications, the Geotechnical Report Section 8.1.6. and be comprised of granular soils (a plasticity index of 12 or less as tested in accordance with ASTM D 4318) with a low to very low expansion potential index (less than 50 as tested in accordance with UBC Standard 18-2ASTM D 4829). does not contain rocks or lumps over 3 inches in dimension, and generally conforms to the low corrosion potential specifications presented in the Geotechnical Report Section 8.1.6. 5. Structure Backfill material shall conform to the requirements of SSPWC Section 300-3.5.1 and the requirements herein. 6. Pervious Backfill material shall conform to the requirements of SSPWC Section 300-3.5.2 and the requirements herein. 7. Type A Bedding material shall conform to the requirements for 3/4-inch Crushed Rock, 1/2-inch Crushed Rock, No. 3 Concrete Aggregate, No. 4 Concrete Aggregate, or Portland Cement Concrete Sand in SSPWC Section 200-1 for pipes larger than 24 inches in diameter. Type A Bedding material shall conform to the requirements for Type B Bedding material or the requirements for Portland Cement Concrete Sand in SSPWC Section 200-1 for pipes 24 inches or smaller in diameter. 8. Type B Bedding material shall conform to the requirements for 1/2-inch Crushed Rock or No. 4 Concrete Aggregate in SSPWC Section 200-1. 9. Concrete Pipe Bedding material shall conform to the requirements of SSPWC Section 201-1. 10. Sand-Cement Slurry material shall conform to the requirements of SSPWC Section 201-1 for Trench Backfill Slurry. •City of Carlsbad - Contract No. 38372 Addendum 1 Page 4 of 12 Pages EARTHWORK SECTION 02300 11. Topsoil material shall conform to the requirements of SSPWC Section 212-1.1. 2.2 USE OF FILL, BACKFILL, AND EMBANKMENT MATERIAL TYPES A. The CONTRACTOR shall use the types of materials as designated herein for all required fill, backfill, and embankment construction hereunder. B. Where these Specifications conflict with the requirements of any local agency having jurisdiction, or with the requirements of a material manufacturer, the ENGINEER shall be immediately notified. In case of conflict therewith, the CONTRACTOR shall use the most stringent requirement, as determined by the ENGINEER. C. Fill and backfill types shall be used in accordance with the following provisions: 1. Unclassified fill shall be placed in all areas unless specifically designated in this section. 2. Primary Structural F4USelect Fill material shall be constructed of fill as described herein and conforming to the requirements recommended in the Geotechnical Report Section 8.1.3. Structural FillSelect Fill shall be placed in structural areas on the site to a depth of 3 feet below the bottom of foundations or pool shells, or 5 feet below finish grade, whichever is deeper. The low to very low expansion material shall extend beyond the structural footprint a minimum distance of 8 feet. In areas of flatwork or pavements, the low to very low expansion materials shall extend to a depth of 3 feet below finish grade. 3. Pipe zone backfill, as defined under "Pipe and Utility Trench Backfill" herein, shall consist of the following materials for each pipe material listed below. a. Concrete pipe, shall be provided Type A Bedding, Type B Bedding, or Concrete Pipe Bedding materials as defined herein for pipe zone backfill material.' b. Plastic pipe shall be backfilled with 3/4-inch Crushed Rock conforming to SSPWC Section 200-1 or Concrete Pipe Bedding material as defined herein for pipe zone backfill material. 4. Trench zone backfill for pipelines as defined under "Pipe and Utility Trench Backfill" shall be Unclassified Fill material as defined herein unless conditions require the use of a designated material as indicated in the Contract Documents. 5. Backfill material for pipelines under paved areas, as defined under "Pipe and Utility Trench Backfill" shall be Crushed Aggregate Base (CAB) material as defined herein or-Rrimary Stmefaral Ffiil Select Fill. 6. Trench backfill and final backfill for pipelines under structures shall be the same material as used in the pipe zone or Primary Structural fillSelect Fill, except where concrete encasement is required by the Contract Documents. 7-. - Aggregate base materials under pavements shall be Crushed Aggregate Base (CAB) material constructed to the thickness shown or specified. 8-rT. _ Backfill around or behind structures shall consist of Structure Backfill as defined herein unless indicated otherwise in the Contract Documents. m ~ City of Carlsbad - Contract No. 38372 Page 5 of 12 Pages Addendum 1 EARTHWORK SECTION 02300 8r8. Fill materials beneath structures shall be as follows: a. Fill beneath hydraulic structures or other water retaining structures with underdrain systems shall be drainrock material, as defined herein, constructed to the limits and thicknesses shown or specified. b. Fill beneath structures without underdrain systems shall be Rpimafy Structural FillSelect Fill as defined herein. c. Fill beneath structures where groundwater must be removed to allow placement of concrete shall be Primary Structural FitiSelect Fill as defined herein. 9. Backfill used to replace pipeline trench over-excavation shall consist of Type B Bedding material as defined herein. PART 3 - EXECUTION 3.1 CLEARING, GRUBBING, AND STRIPPING A. Clearing and grubbing shall be performed in accordance with SSPWC Section 300-1. B. Stripping shall include the removal and disposal of all organic sod, topsoil, grass and grass roots, and other objectionable material remaining after clearing and grubbing from the areas designated to be stripped. The depth of stripping shall be as shown on the Drawings and specified herein. C. Topsoil from the strippings shall be stockpiled and may be used for the finished site grading, subject to the approval of the ENGINEER. Excess topsoil will be placed in the waste disposal areas designated by the ENGINEER. D. Prior to beginning any excavation or fill, strip the topsoil to a depth of 8 inches. In general, topsoil shall be removed where structures are to be built, trenches dug, and roads, parking lots, walks, and similar improvements constructed within the areas presently covered with topsoil. Topsoil shall be stored clear of the construction area. Take reasonable care to prevent the topsoil from becoming mixed with subsoil. 3.2 STRUCTURES, PAVEMENT, AND EMBANKMENT EXCAVATION A. General: Except when specifically provided to the contrary, excavation shall include the removal of all materials of whatever nature encountered, including all obstructions of any nature that would interfere with the proper execution and completion of the work. The removal of said materials shall conform to the lines and grades shown or recommended by the Geotechnical Consultant. Unless otherwise provided, the entire construction site shall be stripped of all vegetation, debris, and all deleterious materials, and such materials shall be removed from the site prior to performing any excavation or placing any fill. The CONTRACTOR shall furnish, place, and maintain all supports and shoring that may be required for the sides of the excavations, and all pumping, ditching, or other measures for the removal or exclusion of water, including taking care of storm water, groundwater (dewatering if required), and wastewater reaching the site of the work from any source so as to prevent damage to the work or adjoining property. Excavations shall be sloped or otherwise supported in a safe manner in accordance with applicable Uniform Building Code requirements, State safety requirements, and the requirements of OSHA Safety and Health Standards for Construction (29CFR1926), and the Contract Documents. mr City of Carlsbad - Contract No. 38372 Page 6 of 12 Pages Addendum 1 EARTHWORK SECTION 02300 B. Excavation Slopes/Shoring of Excavations: The CONTRACTOR shall be fully responsible for providing safe excavation slopes or provide constructing shoring and bracing to prevent slides or cave-ins and to protect all existing improvements in the vicinity from damage as required. The CONTRACTOR shall submit to the ENGINEER, for approval, slope excavation shop drawings (if necessary) showing the limits, design criteria, shoring details, sequence of placement and removal, dewatering plans, and other data deemed pertinent by the Engineer to shore the excavation in accordance with the GENERAL PROVISIONS. These shop drawings shall be prepared, signed, and sealed by a qualified Civil or Structural Engineer registered in the State of California. The CONTRACTOR shall not begin excavation operations until the shoring drawings have been reviewed by the ENGINEER. Review of the CONTRACTOR shoring plans shall not be constructed to invalidate other provisions of the GENERAL PROVISIONS (or these Specifications) or relieve the CONTRACTOR of the responsibilities inherent in the pursuance of the work. The CONTRACTOR shall, at its cost and for all its shoring work, obtain permits from the Engineering Department. The CONTRACTOR shall furnish all labor, equipment, and materials to construct, install, and remove the entire shoring system including removal of lagging, soldier beams, and bracing and detensioning of tiebacks. Full compensation for the shoring and its removal shall be considered as included in the Contract Price and no additional compensation will be allowed. Design of shoring shall be in accordance with the applicable requirements of the Uniform Building Code, and the Safety Orders of the Division of Industrial Safety, State of California. The CONTRACTOR shall be responsible for providing more extensive shoring or bracing systems than those required by the Construction Safety Orders when necessitated by conditions indicated on the drawings, specified, or otherwise required by the Work. C. Excavation Beneath Structures (i.e.. future buildings, pools, and skate parks): Except where otherwise specified for a particular structure or ordered by the ENGINEER, excavation shall be accomplished (per the Soil Report Section 8.1.2, 8.1.3, and 8.1.4) to a depth of 12 feet from the existing ground level or within 5 feet of groundwater, and replaced with compacted fill composed ofUnclassified Fill and-Primary Structural fill FiH Select Fill. Select Fill should extendextending to a minimum depth of 5 feet below the proposed finish grade and laterally a minimum of 8 feet beyond all structures. The base of the removal excavation shall extend a minimum of 8 feet laterally plus the depth of the removal beyond the structural areas. The extent of and depths to which the alluvium should be removed shall be evaluated by a representative of the Soil Engineer in the field based on the materials exposed. Where shown or ordered, areas beneath structures or fills shall be over-excavated, including areas defined in the Soil Report Section 8.1.4. When such over-excavation is shown, both over-excavation and subsequent backfill to the required grade shall be performed by the CONTRACTOR. When such over-excavation is not shown on the plan and not specified but is ordered by the ENGINEER, such over-excavation and any resulting backfill will be paid for under a separate unit price bid item if such bid item has been established and approved by the ENGINEER prior to commencing the work; otherwise payment will be made in accordance with a negotiated price. After the required excavation or over-excavation has been completed, the exposed surface shall be scarified to a depth of 8 inches, brought to optimum moisture content, and rolled with heavy compaction equipment to obtain the required relative compaction. D. Excavation Beneath Future Buildings, Pools, Pool Decks, & Skate Park Areas: Excavation beneath future buildings, pools, pool decks, & skate park areas shall be accomplished in accordance with the Soil Report Section 8.1.2 and 8.1.3. Areas across cut/fill transitions shall be accomplished in accordance with the recommendations of the Soil Report Section 8.1.4. E. Excavation Beneath Future Flatwork_ and Future Paved Areas: Excavation under future flatwork and future areas to be pavedexcept where otherwise noted shall extend te4Re mW City of Carlsbad - Contract No. 38372 Page 7 of 12 Pages Addendum 1 EARTHWORK SECTION 02300 bottom of the aggregate base or deepef-as-neeessafy-such that the upper 3 feet below finish grade shall consist of soil materials with a very low to low expansion potential (less than 50 per UBC 18-2). After the required excavation (and removal and replacement, as necessary) has been completed, the exposed surface shall be scarified to a depth of at least 12 inches, brought to optimum moisture content, and rolled with heavy-compactioB equipment to obtain 95 percent of maximum dry density. F. Excavation Subgrade and Below Subgrade: 1. Excavate and shape subgrade to line, grade, and cross-section shown on Drawings. Following receipt of written acceptance for the subgrade by the ENGINEER, compact the subgrade with approved equipment until the top 12 inches is compacted to 95 percent of maximum dry density at optimum moistufe content as determined by ASTM D 1557-- Remove all soft, loose, or otherwise unsuitable material and replace with suitable sandy material. The finished subgrade shall be firm, hard and unyielding. Where pavements are planned as shown on the plans, ffhe subgrade shall be considered to extend over the full width of the base course. Compaction shall extend 18 inches beyond the edge of paving, curb, or form. 2. Where the ENGINEER deems subgrade material to be unsatisfactory, excavation below subgrade will be required to such depths as necessary to remove the unsatisfactory material. Excavation below grade shall be of the same classification as that above it provided it is removed in the same operation as the normal excavation. Special equipment or hand excavation may be required because of the presence of shallow utilities or other unforeseen conditions. G. Notification of ENGINEER; The CONTRACTOR shall notify the ENGINEER at least 2 working days in advance of completion of any structure excavation and shall allow the ENGINEER a review period of at least one day before the exposed foundation is scarified and compacted or is covered with backfill or with any construction materials. 3.3 PIPELINE AND UTILITY TRENCH EXCAVATION A. General: Unless otherwise shown or ordered, excavation for pipelines and utilities shall be open-cut trenches conforming to SSPWC Section 306-1.1. Trench widths shall be kept as narrow as is practical for the method of pipe zone densification selected by the CONTRACTOR, but shall have a minimum width at the bottom of the trench equal to the outside diameter of the pipe plus 18 inches. B. Trench Bottom: Except when pipe bedding is required, the bottom of the trench shall be excavated uniformly to the grade of the bottom of the pipe. The trench bottom shall be given a final trim, using a string line for establishing grade, such that each pipe section when first laid will be continually in contact with the ground along the extreme bottom of the pipe. Rounding out the trench to form a cradle for the pipe will not be allowed. C. Open Trench: the maximum amount of open trench permitted in any one location shall be 500 feet, or the length necessary to accommodate the amount of pipe installed in a single day, whichever is greater. All trenches shall be fully backfilled at the end of each day or, in lieu thereof, shall be covered by heavy steel plates adequately braced and capable of supporting vehicular traffic in those locations where it is impractical to backfill at the end of each day. The above requirements for backfilling or use of steel plate will be waived in cases where the trench is located further than 100 feet from any traveled mr City of Carlsbad - Contract No. 38372 Page 8 of 12 Pages Addendum 1 EARTHWORK SECTION 02300 roadway or occupied structure. In such cases, however, barricades and warning lights meeting OSHA requirements shall be provided and maintained. D. Trench Over-Excavation: Where the Drawings indicate that trenches shall be over-excavated, they shall be excavated to the depth shown, and then backfilled to the grade of the bottom of the pipe. E. Over-Excavation: When ordered by the ENGINEER, whether indicated on the Drawings or not, trenches shall be over-excavated beyond the depth shown. Such over-excavation shall be to the depth ordered. The trench shall then be backfilled to the grade of the bottom of the pipe. All work specified in this Section shall be performed by the CONTRACTOR when the over-excavation ordered by the ENGINEER is less than 6 inches below the limits shown. When the over-excavation ordered by the ENGINEER is over 6 inches below the limits shown, additional payment will be made to the CONTRACTOR for that portion of the work which is located below said 6 inch distance. Said additional payment will be made under separate unit price bid items for over-excavation and bedding if such bid items have been established; otherwise payment will be made in accordance with a negotiated price. F. Where pipelines are to be installed in embankment or structure fills, the fill shall be constructed to a level at least one foot above the top of the pipe before the trench is excavated. G. Obtain ENGINEER'S approval before beginning excavation. Complete clearing and grubbing prior to the start of trenching. Do not permit excavated materials to cover brush or trees prior to disposal. 3.4 OVER-EXCAVATION NOT ORDERED, SPECIFIED, OR SHOWN A. Any over-excavation carried below the grade ordered, specified, or shown, shall be backfilled to the required grade with the specified material and compaction. Such work shall be performed by the CONTRACTOR at its own expense. 3.5 PROTECTION OF SUBGRADE A. After preparing the subgrade as specified, all traffic on the subgrade shall be avoided. Should it be necessary to haul over the prepared subgrade, the CONTRACTOR shall drag and roll the traveled way as frequently as may be necessary to remove ruts, cuts, and breaks in the surface. All cuts, ruts, and breaks in the surface of the subgrade that are not removed by the above operations shall be raked and hand tamped. All equipment used for transporting materials over the prepared subgrade shall be equipped with pneumatic tires. B. Continued use of sections of prepared subgrade for hauling, so as to cut up or deform it from the true cross-section, will not be permitted. The CONTRACTOR shall protect the prepared subgrade from all traffic. C. The CONTRACTOR will be required to plank the subgrade before hauling materials or equipment over it. D. The subgrade shall be maintained in the finished condition until the first succeeding course or steel or concrete is placed in the next phase of construction after mass grading. mr City of Carlsbad - Contract No. 38372 Page 9 of 12 Pages Addendum 1 EARTHWORK SECTION 02300 E. The ENGINEER has the right to test the reworked subgrade and approve or disapprove the subgrade depending on its condition. 3.6 BACKFILL-GENERAL A. Backfill shall not be dropped directly upon any structure or pipe. Backfill shall not be placed around or upon any structure until the concrete has attained specified strength to withstand the loads imposed. Backfill around water retaining structures shall not be placed until the structures have been tested, and the structures shall be full of water while backfill is being placed. B. Except for drainrock materials being placed in over-excavated areas or trenches, backfill shall be placed after all water is removed from the excavation. 3.7 PLACING AND SPREADING OF BACKFILL MATERIALS A. Backfill materials shall be placed and spread evenly in layers. When compaction is achieved using mechanical equipment, the layers shall be evenly spread in loose lifts not exceeding 8 inches in thickness so that when compacted each layer shall not exceed 6 inches in thickness. B. During spreading, each layer shall be thoroughly mixed as necessary to promote uniformity of material in each layer. Pipe zone backfill materials shall be manually spread around the pipe so that when compacted, the pipe zone backfill will provide uniform bearing and side support. C. Where the backfill material moisture content is below the optimum moisture content, water shall be added before or during spreading until the proper moisture content is achieved. D. Where the backfill material moisture content is too high to permit the specified degree of compaction, the material shall be dried until the moisture content is satisfactory, at or slightly above optimum moisture content. 3.8 COMPACTION OF FILL, BACKFILL, AND EMBANKMENT MATERIALS A. Each layer or fill shall be mechanically compacted using proper compaction equipment to the specified percentage of maximum dry density. Equipment that is consistently capable of achieving the required degree of compaction shall be used and each layer shall be compacted over its entire area while the material is at the required moisture content. B. Flooding, ponding, or jetting shall not be used to densify and fill materials unless authorized by the Geotechnical Engineer. C. Equipment weighing more than 10,000 pounds shall not be used closer to walls than a horizontal distance equal to the depth of the fill at that time, but not less than 5 feet. Hand operated power compaction equipment shall be used where use of heavier equipment is impractical or restricted due to weight limitations. D. Compaction Requirements: The following compaction test requirements shall be in accordance with ASTM D 1557. Where agency or utility company requirements govern, the highest compaction standards shall apply. ©mr City of Carlsbad - Contract No. 38372 Page 10 of 12 Pages Addendum 1 EARTHWORK SECTION 02300 Location or Use of Fill , * Pipe zone backfill portion above bedding for flexible pipe. Pipe zone backfill bedding and over-excavated zones under bedding/pipe for flexible pipe. Pipe zone backfill portion above bedding for rigid pipe. Pipe zone backfill bedding and over-excavated zones under bedding/pipe for rigid pipe. Final backfill, beneath paved areas or structures. Final backfill, not beneath paved areas or structures. Trench zone backfill. Bottoms of overexcavations Embankments. Embankments, beneath paved areas or structures. Backfill beneath structures Backfill around structures Topsoil Annrpmtp h^i^p Tnri unnpr "1^ inrhf50 nf n^vpmpnt subgradeSubgrade beneath Riprap Filter Blanket •-, Percentage of Maximum Density 90 90 90 90 90 90 90 90 90 90 90 90 85 95 E. Trench Backfill Requirements: The pipe has been structurally designed based upon the trench configuration specified herein. F. The CONTRACTOR shall maintain the indicated trench cross section up to a horizontal plane lying 6 inches above the top of the pipe. G. If, at any location under said horizontal plane, the CONTRACTOR slopes the trench walls or exceeds the maximum trench widths indicated in the Contract Documents, the pipe zone backfill shall be "improved" or the pipe class increased as specified herein, at no additional cost to the AGENCY. "Improved" backfill shall mean sand-cement backfill containing at least 188 pounds of cement per cubic yard or equal materials acceptable to the ENGINEER. H. If the allowable vertical deflection specified for flexible pipe is exceeded, the CONTRACTOR shall expose and re-round or replace the pipe, repair all damaged lining and coating, and reinstall the pipe zone material and trench backfill as specified at no additional expense to the AGENCY. 3.9 PIPE AND UTILITY TRENCH BACKFILL A. Pipe Zone Backfill: The pipe zone is defined as that portion of the vertical trench cross-section lying between a plane 6 inches below the bottom surface of the pipe, i.e., the trench subgrade, and a plane at a point 6 inches above the top surface of the pipe. The bedding for flexible pipe is defined as that portion of pipe zone backfill material between the trench subgrade and the bottom of the pipe. The bedding for rigid pipe is defined as that portion of the pipe zone backfill material between the trench subgrade and a level line which varies from the bottom of the pipe to the spring line as shown. B. Bedding shall be provided for all sewers, drainage pipelines, and other gravity flow pipelines. Unless otherwise specified or shown, for other pipelines the bedding may be omitted if all the following conditions exist. 1. The pipe bears on firm, undisturbed native soil which contains only particles that will pass a one-inch sieve. mr City of Carlsbad - Contract No. 38372 Addendum 1 Page 11 of 12 Pages EARTHWORK SECTION 02300 2. The trench excavation is not through rock or stones. 3. The trench subgrade soils are classified as suitable fill and backfill materials. 4. The trench subgrade soils have, as a maximum, a moisture content that allows compaction. C. Where bedding is required, after compacting the bedding the CONTRACTOR shall perform a final trim using a string line for establishing grade, such that each pipe section when first laid will be continually in contact with the bedding along the extreme bottom of the pipe. D. The pipe zone shall be backfilled with the specified backfill material. The CONTRACTOR shall exercise care to prevent damage to the pipeline coating, cathodic bonds, or the pipe itself during the installation and backfill operations. E. Trench Zone Backfill: After the pipe zone backfill has been placed as specified above, and after all excess water has completely drained from the trench, backfilling of the trench zone may proceed. The trench zone is defined as that portion of the vertical trench cross-section lying between a plane 6 inches above the top surface of the pipe and a plane at a point 18 inches below the finished surface grade, or if the trench is under pavement, 18 inches below the roadway subgrade. If concrete or sand-cement slurry backfill are used, the pipe shall be filled with water to prevent flotation. 3.10 EMBANKMENT CONSTRUCTION A. The area where an embankment is to be constructed shall be cleared of all vegetation, roots, dry or desiccated soils, and deleterious materials. Following this, the surface shall be moistened, scarified to a depth of 8 inches, and rolled or otherwise mechanically compacted unless otherwise directed. Embankment fill material shall be placed and spread evenly in horizontal layers. Each layer shall be moistened or aerated, as necessary. Each layer shall not exceed 6 inches of compacted thickness. The embankment fill and the scarified layer of underlying ground shall be compacted to 90 percent of maximum dry density as specified herein. B. When an embankment fill is to be made and compacted against hillsides or fill slopes steeper than 5:1, the slopes of hillsides or fills shall be horizontally benched to key the embankment fill to the underlying ground. A minimum of 12 inches normal to the slope of the hillside or fill shall be removed and recompacted as the embankment fill is brought up in layers. Material thus cut shall be recompacted along with the new fill material at the CONTRACTOR'S expense. Hillside or fill slopes 5:1 or flatter shall be prepared in accordance with Paragraph A, above. C. Where embankment or structure fills are constructed over pipelines, the first 4 feet of fill over the pipe shall be constructed using light placement and compaction equipment that does not damage the pipe but still provides the required compaction. END OF SECTION "^ City of Carlsbad - Contract No. 38372 Page 12 of 12 Pages Addendum 1 RIPRAP 02273 SECTION 02273 - RIPRAP PART 1 - GENERAL 1.1 THE REQUIREMENT A. The CONTRACTOR shall provide riprap, including associated earthwork, complete and in place, in accordance with the Contract Documents. 1.2 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. Commercial Standards: ASTM C 88 Standard Test Method for Soundness of Aggregates by Use of Sodium Su If ate or Magnesium Sulfate. ASTM C 535 Standard Test Method for Resistance to Degradation of Large Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. AASHTOT85 Standard Method of Test for Specific Gravity and Absorption of Coarse Aggregate. AASHTO T 210 Method of Test for Aggregate Durability Index. 1.3 CONTRACTOR SUBMITTAL A. Furnish submittals in accordance with GENERAL PROVISIONS. B. Testing certificates from a qualified testing agency shall be submitted prior to acceptance of the rock source to verify the conformity to the requirements of the Contract Documents. PART 2 - PRODUCT 2.1 STONES FOR RIPRAP A. Stones shall be graded in size to produce a reasonably dense mass. Riprap shall consist of dense, natural rock fragments. Stones shall be resistant to weathering and to water action; free from overburden, spoil, shale and organic material; and shall meet the gradation requirements below. Shale and stones with shale seams are not acceptable. B. Riprap shall conform to the size types as follows: 1. Type I (6-inch Average Size): Diameter Percentage Passing 12-inch 95-100 6-inch 25 - 75 3-inch 0-10 •K City of Carlsbad-Contract No.38372 Page 1 of 4 Pages Addendum 1 RIPRAP 02273 2. Type II (12-inch Average Size): Diameter Percentage Passing 18-inch 95-100 12-inch 25-75 6-inch 0-10 3. Type III (18-inch Average Size): Diameter Percentage Passing 24-inch 95-100 18-inch 25-75 12-inch 0-5 4. Type IV (24-inch Average Size): Diameter Percentage Passing 30-inch 95-100 24-inch 25 - 75 18-inch 15-25 12-inch 0-5 C. The greatest dimension of 50 percent of the stones shall be at least two-thirds but not more than 1-1/2 times the diameter of the average size. Neither the breadth nor thickness of any piece of riprap shall be less than one-third its length. Material shall be of shapes which will form a stable protection structure of required depth. Rounded boulders or cobbles shall not be used. D. Stones shall consist of durable, sound, hard, angular rock meeting the following requirements for durability absorption ratio, soundness test, and abrasion test: Durability Absorption Ratio Acceptability Greater than 23 Passes 10 to 23 Passes only if Durability Index is 52 or greater Less than 10 Fails Durability Absorption Ratio = E. The durability index and percent absorption shall be determined by AASHTO T 210 and AASHTO T 85, respectively. The minimum apparent specific gravity of the stones shall be 2.5 as determined by AASHTO T 85. F. Stones shall have less than 10 percent los of weight after five cycles, when tested per ASTM C 88. G. Stones shall have a wear not greater than 40 percent, when tested per ASTM C 535. •K City of Carlsbad - Contract No.38372 Page 2 of 4 Pages Addendum 1 RIPRAP 02273 H. Control of gradation shall be by visual inspection. The CONTRACTOR shall furnish a sample of the proposed gradation of at least 5 tons or 10 percent of the total riprap weight, whichever is less. If approved, the sample may be incorporated into the finished riprap at a location where it can be used as a frequent reference for judging the gradation of the remainder of riprap. Any difference of opinion between the ENGINEER and the CONTRACTOR shall be resolved by dumping and checking the gradation of two random truckloads of stones. Arranging for and the costs of mechanical equipment, a sorting site, and labor needed in checking gradation shall be the CONTRACTOR'S responsibility. I. The acceptability of the stones will be determined by the ENGINEER prior to placement. 2.2 FILTER MATERIAL A. Filter material shall be clean and free from organic matter. It shall be crushed rock or gravel, durable and free from slaking or decomposition under the action of alternate wetting or drying. The material shall be uniformly graded and shall conform to the following gradation: 1. Type 1 Size Percentage Passing 3-inch 85-100 1 1/2-inch 45-75 3/4-inch 10-25 2. Type 2: CLASS 2, 1 1/2-inch aggregate base material, as described in Specification 02200 Type G Material. PART 3 - EXECUTION 3.1 SURFACE PREPARATION A. Surfaces to receive riprap shall be smooth and firm, free of brush, trees, stumps, and other objectionable material, and shall be brought to the line and grade indicated. B. If a boulder is encountered during excavation of areas where large riprap is to be placed, the CONTRACTOR shall excavate around the boulder. If the boulder is larger than the largest allowable stone size for that area, the CONTRACTOR shall break up the boulder to an acceptable size or remove it entirely. C. Prior to placement of the geotextile, the surface shall be prepared to a smooth condition free of debris, depressions, or obstructions, which may damage the geotextile. The geotextile shall be overlapped a minimum of 2 feet at longitudinal and transverse joints. Upstream sheets shall overlap downstream sheets. For slope placement, each strip shall overlap the next downhill strip. The geotextile shall be anchored using key trenches or aprons at the crest and toe of the slope. Pins may be used in securing the geotextile during installation. In no instance shall the geotextile be left exposed to sunlight longer than 7 calendar days. Overexposed geotextile shall be removed and replaced. •f' City of Carlsbad - Contract No.38372 Page 3 of 4 Pages Addendum 1 RIPRAP 02273 3.2 PLACEMENT OF FILTER BLANKET A. Area of riprap placement shall be excavated to the bottom of the filter blanket as indicated and in accordance with Section 02200 02300 - Earthwork. After the excavation has been completed, the top 12-inches of exposed surface shall be scarified, brought to optimum moisture content, and compacted to 95 percent of maximum density. The finished grade shall be even, self-draining and in conformance with the slope of the finished grade. B. Placement of filter material shall be in accordance with Section 02300. Filter material shall be placed, spread, and compacted in lifts not-to-exceed 12-inches. C. The CONTRACTOR shall remove any portion of the filter blanket that has been disturbed to the degree that the layers become mixed. Replace the removed portion with the required sizes to the satisfaction of the ENGINEER. D. Filter material shall be placed as follows, unless otherwise indicated. 1. For Type II, III and IV riprap, use 12-inches of Type 1 filter material. 2. For Type I riprap, use 6-inches of Type 2 filter material. 3.3 PLACEMENT OF RIPRAP A. Placement of riprap shall begin at the toe of the slope and proceed up the slope. The tones may be placed by dumping and may be spread by bulldozers or other suitable equipment as long as the underlying material is not displaced. Stones shall be placed so as to provide a minimum of voids. Smaller stones shall be uniformly distributed throughout the mass. Sufficient hard work shall be done to produce a neat and uniform surface, true to the lines, grades, and sections indicated. 3.4 GROUTED RIPRAP A. After the riprap has been placed, sand or fine gravel shall be swept into the interstices to fill them to within 4-inches of the average surface of the riprap. After wetting the stones, the remaining volume of the interstices shall be filled with a well-mixed grout composed of 1 part Portland cement and 3 parts of sand, mixed to a workable consistency. The grout shall be kept wet by sprinkling or covering with wet material for at least 3 days. The grout shall be protected from stream water or any other disturbance during this curing period, and shall not be placed in freezing weather or when conditions are unfavorable. END OF SECTION mr City of Carlsbad - Contract No.38372 Page 4 of 4 Pages Addendum 1 of Carlsbad Public Works - Contract Administration Novembers, 2009 ADDENDUM NO. 2 RE: ALGA NORTE COMMUNITY PARK MASS GRADING BID NO. PWS10-13ENG, CONTRACT NO. 38372 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. CEVIN DAVIJ Sr. Contract Administrator Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Bidder's Signature 1635 Faraday Avenue • Carisbad, CA S2OQ8-7314 * (7SO) 6O2-46T7 - FAX {750} 5O2-8552 CITY OF CARLSBAD ALGA NORTE COMMUNITY PARK MASS GRADING, CONTRACT NO. 38372 ADDENDUM NO. 2 Project Contact: Brandon Miles, Associate Engineer 760.602.2745 (Business) 760.602.8562 (Fax) Number of Pages: 4 (including this page) Date: November 5, 2009 Bid Opening Date: December 3, 2009 2:00 pm (unchanged) BID SCHEDULE Replace "Schedule "B" Storm Drain Improvements" in the Contract Documents, General Provisions, Supplemental Provisions, and Technical Specifications for Alga Norte community Park Mass Grading (Contract No. 38372) with Addendum No. 2 to revise Bid Items No. B-3 through B-23 located on Page 14. Addendum 2 SCHEDULE "B" STORM DRAIN IMPROVEMENTS Item No. Description (Price in Words) B-1 Storm Drain point of connection (Price in Words) B-2 12" Storm Drain (Price in Words) B-3 15" Storm Drain (Price in Words) B-4 18" Storm Drain (Price in Words) B-5 24" Storm Drain (Price in Words) B-6 30" Storm Drain (Price in Words) B-7 36" Storm Drain (Price in Words) B-8 48" Storm Drain (Price in Words) B-9 72" Storm Drain (Price in Words) Revised 11/04/09 Addendum 2 Approximate Quantity And Unit 2EA $ Unit Price (Figures) 455 LF $ 505 LF $ 915 LF $ 420 LF $ 375 LF $ 1090LF $_ 1065LF $ 75 LF $ Contract No. 38372 Total Amount (Figures) $ Page 14 of 130 Pages Item No. Description (Price in Words) B-10 72" Pipe Collar (Price in Words) B-11 Modified headwall wing including chainlink fence as shown on plan Type Approximate Quantity Unit Price And Unit (Figures) 1 EA 7EA $ Total Amount (Figures) $ (Price in Words) B-12 Type F Catch Basin 13 EA $_ (Price in Words) B-13 Type G Catch Basin 16EA $_ (Price in Words) B-14 2'x4'x60' Reinforced Concrete 24.3 CY $_ Box (Price in Words) B-15 Concrete Anchors (Price in Words) B-16 Rip Rap Energy Dissipater (Price in Words) B-17 Rip Rap Energy Dissipater (Relocate) (Price in Words) 9EA $ 125 CY $ 1640CY $ Revised 11/04/09 Addendum 2 Contract No. 38372 Page 15 of 130 Pages Item No. Description (Price in Words) B-18 Concrete Lug (Price in Words) B-19 In let Apron (Price in Words) B-20 Storm Drain Cleanout (Price in Words) B-21 Sediment Riser Approximate Quantity Unit Price And Unit (Figures) 1 EA $ (Price in Words) B-22 Rip rap relocation for slope protection 1 EA $ SEA $ 4EA $ LS $ Total Amount (Figures) $_ (Price in Words) B-23 Filter Fabric for rip rap protection 125 SY $ (Price in Words) Total amount of bid in words for Schedule "B": Total amount of bid in figures for Schedule "B": $_ Total amount of bid in words including Schedule "A" and "B": Total amount of bid in figures including Schedule "A" and "B": $_ m Revised 11/04/09 Addendum 2 Contract No. 38372 Page 16 of 130 Pages of Carlsbad Public Works - Contract Administration November 20, 2009 ADDENDUM NO. 3 RE: ALGA NORTE COMMUNITY PARK MASS GRADING BID NO. PWS10-13ENG Please include these addendum pages in the Notice to Bidders/Request for Bids you have for the above project. Among other changes, please note the addition of a line item to the bid schedule. This page—receipt acknowledged—must be included in your bid when your bid is submitted. KEVIN DAVIS Sr. Contract Administrator ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3 Bidder's Signature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 6O2-4677 • FAX (760) 602-8562 CITY OF CARLSBAD ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 ADDENDUM NO. 3 Project Contact: Brandon Miles, Associate Engineer 760.602.2745 (Business) 760.602.8562 (Fax) Number of Pages: 4 (including this page) Date: November 20, 2009 Bid Opening Date: December 3, 2009 2:00 pm (unchanged) Updates have been made to the Bid Schedule, Supplemental Provisions, and Technical Specifications as outlined below. Additionally, questions submitted by the prospective bidders have been included. BID SCHEDULE 1. Replace the description for item A-12 on the bid schedule as follows: "Erosion control hydroseed, preparation, and irrigation (including solar controller)" 2. Add item A-l 5 on the bid schedule as follows: "Access control gate" (price in words) 1 EA $ 3. Delete item B-23 for Rip Rap Energy Dissipater (LS). This item was a duplicate. SUPPLEMENTAL PROVISIONS 1. SECTION 212 - LANDSCAPE AND IRRIGATION a. SECTION 212-3.3 Add the following: Irrigation shall be Light Energy Irrigation Technology (LEIT) powered irrigation controller, by the DIG Corporation type with battery back-up or approved equal. It shall be fully automatic, with provisions for manual operation, sized to accommodate the number of station or control valves included in the system. The Alga Norte Community Park (Mass Grading) Addendum No. 3 Page 1 of 4 unit shall be housed in a vandal proof, weather proof enclosure with locking cover. b. SECTION 212-3.4 Delete this section. 2. SECTION 300 - EARTHWORK a. SECTION 300-2.2.4 Revise the second sentence as follows: The removal of such excavated material shall be paid for in Lump Sum for unclassified excavation unless it is considered otherwise unsuitable by the ENGINEER, in which case it will be paid for in accordance with Subsection 300-2.2.1 b. SECTION 300-4.7 Revise the first sentence as follows: The Contractor shall compact all fill soils placed within the top 300 mm (!') of future roadway subgrade to a minimum of 95 percent relative compaction. c. TABLE 300-5.2.KA) Replace the table as follows: TABLE 300-5.2.1(A) IMPORTED BORROW PROPERTIES Tests R-Value Expansion Index Plasticity Index Sieve Analysis Chloride Content Soluble Sulfate pH Test Method No. Calif. 301 UBC Standard 18-2 ASTM D 424 ASTM D 422 Requirements 40 Min. 50 Max. 12 Max. Percent Passing 75 n (No. 200) 15 Max. 500 ppm MAX 0.1% MAX 5.5 or more TECHNICAL SPECIFICATIONS 1. SECTION 02273 - RIPRAP a. SECTION 02273-3.4 Delete "Grouted Riprap" section 2. SECTION 02300 - EARTHWORK b. SECTION 02300-3.1B Revise the last sentence as follows: The depth of stripping shall be directed by the GEOTECHNICAL ENGINEER. Alga Norte Community Park (Mass Grading) Addendum No. 3 Page 2 of4 QUESTIONS RECEIVED BY PROSPECTIVE BIDDERS 1. Would the city consider an item for surveying? • Currently, A-4 would include surveying and will not be itemized at this time. 2. Would the city consider splitting Item A-4 into three unit price items? One for Unclassified Exc (cut to finish grade which you could make a final pay quantity), one for Remedial Grading (which would be field measured for final pay and would include structural exc/remove & re-compact of alluvial and stockpiled soil), and one for imported soils (which would be field measured). • Management Staff has determined to make this lump sum. 3. Section 300-2.1 calls for "grading for mitigation work". Where is this required? "Compaction of the top 1ft of subgrade in road prisms in cut areas to 95% RC". Since this bid does not included paving this should be a part of future bids. "Wetland mitigation and attended work" where is this required? • No mitigation work is anticipated as part of this project. Since the areas outlined on the plans will have future paving, the subgrade is desired for implementation of that roadway in the future. 4. Section 02273-3.1C discusses placement of Geotextiles and 3.2D Filter Material. The plans call for 3A" rock and sand. The specs call for filter material depending on type of Rip Rap. Please clarify or can Geotextiles be substituted for rock and sand? • No substitutions can be made. 5. Item A-l 1 Geotextiles Mats for Slopes is Lump Sum. Would the city consider making this a unit price item? • Management Staff has determined to make this lump sum. 6. Item A-12 Erosion Control Hydro-seed and Irrigation is Lump Sum. Would the city consider making this a unit price item by the SF? • Management Staff has determined to make this lump sum. 7. Item A-13 Temporary Traffic Control. Where is this anticipated? • This would be required if impacts to the roadway are determined during grading. During ingress and egress, traffic control may be necessary. 8. Plan sheet C14 note B2 calls for erosion control fiber rolls on slopes steeper than 4:1. This is not shown on the plans; will it be required on slopes that get matting? • Yes. 9. During maintenance and plant establishment period, will the city meter and pay for water usage? • The contractor will obtain a meter from the Carlsbad Municipal Water District (CMWD) with a deposit. A water use fee will not be charged. Alga Norte Community Park (Mass Grading) Addendum No. 3 Page 3 of 4 10. Where is the point of connection for the electrical service to the irrigation controller? • The irrigation controller will be solar powered with battery back-up. See Addendum #3 11. Plan sheet C8 shows access control gates. Is this a requirement of this bid and where does this get paid for? • See Addendum #3 12. Are there any additional expansion tests available for onsite material, perhaps from older soils reports? • All available information has been provided in the Specifications and Appendices. 13. On sheet 20, the plan view shows "extend 72" RCP SD". Where is the profile? What is the D-load and does the extension need to be watertight? • No profile is shown on the plans. The D-load is 1350 and the joints do need to be watertight. Additionally, Q100 = 330 CFS, V100 = 11.7 FPS, 74.5' ~ 72" RCP @ 1.34%. Concrete Lug for SD Line K is at 10+03.41 per SDRSD D-63 at 135.55 IE 36" Alga Norte Community Park (Mass Grading) Addendum No. 3 Pa8e 4 of 4 of Carlsbad Public Works - Contract Administration November 24, 2009' ADDENDUM NO. 4 RE: ALGA NORTE COMMUNITY PARK MASS GRADING PROJECT NO. 38372 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. Please note change in due date for the above-mentioned bid. New date for bid opening is: December 10, 2009 Time remains the same: 2:00 p.m. This addendum-receipt acknowledged-must be included to your bid when your bid is submitted. RHONDA HEATHER Associate Contract Administrator ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 4 ±/ BiddeTsSignature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 - (760) 602-4677 - FAX (760) 602-8562 CITY OF CARLSBAD ALGA NORTE COMMUNITY PARK MASS GRADING, CONTRACT NO. 38372 ADDENDUM NO. 4 NOTICE INVITING BIDS 1. On page 7 of the contract documents, the bid opening date has been changed. In the first sentence delete the words "December 3, 2009", and substitute DECEMBER 10, 2009. CONTRACTOR'S PROPOSAL 1. Delete all previous versions of Schedule A and Schedule B and substitute the enclosed Contractor's Proposal which includes a revised Schedule A and Schedule B. GENERAL PROVISIONS 1. Reference is made to Section 7-8.5 Temporary Light, Power, and Water, and Addendum No. 3 Questions Received By Prospective Bidders, Item 9. Add the following to Section 7-8.5: "All water used for site grading, installation of utilities, and construction water in general shall be the responsibility of the Contractor. The Contractor shall obtain a construction meter for use in obtaining the required water from the Carlsbad Municipal Water District. The cost for this water shall be contained in the appropriate bid item(s), and the costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. There is one exception, during the establishment period for hydroseeding noted in Addendum No. 3, the City will obtain and furnish a separate construction meter that shall be used to supply water for irrigation of the hydroseeded areas only, and the City will pay for the water purchased for the hydroseeded areas during the maintenance period." The Contractors is responsible for furnishing and installing the pipeline(s) required to extend from the City furnished water meter to the hydroseeded areas. CONSTRUCTION PLANS 1. Sheet C22 The profile of Storm Drain Line F (2' X4' RGB) and Storm Drain Line L (72" RCP) are enclosed. CITY OF CARLSBAD ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 38372 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE "A" EARTHWORK AND EROSION CONTROL Approximate Item Description Quantity Unit Price Total Amount No. (Price in Words) And Unit (Figures) - (Figures) A-1 Mobilization, demobilization LS $' 20,000 ' $ 20,000 and preparatory work at a stipulated lump sum of twenty thousand dollars (Price in Words) A-2 Construction schedule LS $ 10.000 $ 10.000 stipulated lump sum often thousand dollars (Price in Words) A-3 Clearing and Grubbing per LS section 02230, Part 3.4 at (Price in Words) A-4 Earthwork, including LS $_ unclassified excavation, structural excavation and backfill (Price in Words) Addendum No. 4 Contract No. 38372 Page 11 of 130 Approximate Item Description Quantity Unit Price Total Amount No. (Price in Words) And Unit (Figures) (Figures) A-5 Sheeting, shoring, bracing for LS $ $ protection of trench and workers in excavation (Price in Words) A-6 Stabilized Construction 1 EA $_ Entrance (Price in Words) A-7 Check Dam (SC-4) . 800 LF $_ (Price in Words) A-9 Gravel Bags 10,000 EA $_ (Price in Words) A-11 Geotextile Mats for Slope LS $_ Protection (Price in Words) (Price in Words) A-8 Inlet Protection (SC-10) 36 EA $ $_ (Price in Words) A-9 Drainage swale (EC-9) 3,000 LF $ $_ (Price in Words) A-10 Silt Fencing 2,500 LF $ $_ Addendum No. 4 Contract No. 38372 Page 12 of 130 Item No. Description (Price in Words) Approximate Quantity Unit Price And Unit (Figures) Total Amount (Figures) A-12 Erosion control hydroseed, preparation, and irrigation (including solar controller) LS A-13 Temporary Traffic Control LS $ (Price in Words) A-14 Environmental Fencing 3,500 LF $ (Price in Words) A-15 Access Control Gate 1 EA $ " (Price in Words) Total amount of bid in words for Schedule "A": $ $ $ Total amount of bid in numbers for Schedule "A": $ Item A-4 (Earthwork) should reference SSPWC Section 300-2 through 300-5 and Technical Specification Section 02300 Items A6 through A-11 (Erosion Control) should reference SSPWC Section 300-9 attached and General Provisions Section 3-2.2.1 Item A-12 (Erosion Control for Hydroseed) should reference SSPWC Section 308-8 attached Addendum No. 4 Contract No. 38372 Page 13 of 130 SCHEDULE "B" STORM DRAIN IMPROVEMENTS Item Description No. (Price in Words) B-1 Storm Drain point of connection Approximate Quantity And Unit 2EA $ Unit Price (Figures) Total Amount (Figures) $ (Price in Words) B-2 12" Storm Drain (Price in Words) B-3 15" Storm Drain (Price in Words) B-4 18" Storm Drain (Price in Words) B-5 24" Storm Drain (Price in Words) B-6 30" Storm Drain (Price in Words) B-7 36" Storm Drain (Price in Words) B-8 48" Storm Drain (Price in Words) B-9 72" Storm Drain 455 LF $ 505 LF $ 915 LF $ 420 LF $ 375 LF $ 1090LF $ 1065LF $$ 75 LF $$ (Price in Words) Addendum No. 4 Contract No. 38372 Page 14 of 130 Item No. Description (Price in Words) B-10 72" Pipe Collar B-11 (Price in Words) Modified headwall wing including chainlink fence as shown on plan Type Approximate Quantity And Unit 1 EA 7EA Unit Price (Figures) Total Amount (Figures) $ (Price in Words) B-12 Type F Catch Basin - 13EA $_ (Price in Words) B-13 Type G Catch Basin 16EA $_ (Price in Words) B-14 2'x4'x60" Reinforced Concrete 24.3 CY $_ Box (Price in Words) B-15 Concrete Anchors (Price in Words) B-16 Rip Rap Energy Dissipater (Price in Words) B-17 Rip Rap Energy Dissipater (Relocate) (Price in Words) 9EA 125 CY $ 1640CY $$ Addendum No. 4 Contract No. 38372 Page 15 of 130 Item No. Description (Price in Words) B-18 Concrete Lug (Price in Words) B-19 Inlet Apron (Price in Words) B-20 Storm Drain Cleanout (Price in Words) B-21 Sediment Riser Approximate Quantity And Unit 1 EA 1 EA SEA 4EA (Price in Words) B-22 Rip rap relocation for slope protection LS Unit Price (Figures) Total Amount (Figures) $ $ (Price in Words) B-23 Filter Fabric for rip rap protection 125 SY (Price in Words) Total amount of bid in words for Schedule "B": Total amount of bid in figures for Schedule "B": $_ Total amount of bid in words including Schedule "A" and "B": Total amount of bid in figures including Schedule "A" and "B": $_ The basis of award will be the sum of Schedule "A" and "B". Addendum No. 4 Contract No. 38372 Page 16 of 130 Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number , classification which expires on , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law: However, at the time the contract is awarded, the contractor shall be properly licensed, The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. Addendum No. 4 Contract No. 38372 Page 17 of 130 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business City and State (4) Zip Code Telephone No. (5) E-Mail (Street and Number) IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business City and State (4) Zip Code (5) E-Mail (Street and Number) .Telephone No. Addendum No. 4 Contract No. 38372 Page 18 of 130 IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted (2). (Signature) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of (4) Place of Business (Street and Number) City and State (5) Zip Code Telephone No. (6) E-Mail NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Addendum No. 4 Contract No. 38372 Page 19 of 130 List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Addendum No. 4 Contract No. 38372 Page 20 of 130 140 130 Q Cs 120 b^g 110 £ o oj -S FJMSt-tED GRADE 9 PIPE C <3cs 60.0d'~2'X4'\ RGB fi 4.17% PER tiWG. NO. D-7L.. Q100f25.9 CfS, VtOO*11.6 Ffc 140 4120 110 10+00 10+50 STORM DRAIN LINE F 1"=40' H 1"=8' V 160 SKA TE PARK FINISHED & PIPE CL EXIST. GRADE CL 0100=330 VI 00=117 FPS 1350-D WATERTIGHT JOINTS 10+00 10-1-50 STORM DRAIN LINE J "=8f V of Carlsbad Public Works - Contract Administration December 1, 2009 ADDENDUM NO. 5 RE: ALGA NORTE COMMUNITY PARK MASS GRADING BID NO. PWS10-1 SENG, CONTRACT NO. 38372 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Sr. Contract Administrator Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 5 Bidder'HSignature 1635 Faraday Avenue » Carlsbad, CA 92008-7314 • (760) 602-4677 - FAX (760) 602-8562 CITY OF CARLSBAD ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 ADDENDUM NO. 5 Project Contact: Brandon Miles, Associate Engineer 760.602.2745 (Business) 760.602.8562 (Fax) Number of Pages: 14 (including this page) Date: December 1, 2009 Bid Opening Date: December 10, 2009 2:00 pm (no change) CONTRACTOR'S PROPOSAL 1. Delete all previous versions of Schedule A and Schedule B and substitute the enclosed Contractor's Proposal which includes a Schedule A and revised Schedule B. Schedule B was revised to include item B-16, Brooks Box. CONSTRUCTION PLANS 1. Sheets C5 thru C13 - Reference is made to Note No. 2 on grading sheets which reads as follows, "NO DUMPING DRAINS TO OCEAN". All catch basin inlets shall be stenciled with paint in accordance with the attached detail. 2. Sheet C6 - Slope protection will be placed in the relocated riprap area for stabilization prior to relocation of the rip rap to this area. 3. Sheets C14 thru C16 - Fiber rolls are not required for this part of the proj ect. 4. Sheet CIS - The Type A storm drain cleanout (SDRSD D-9) referenced on the plans should be applied to the all the cleanouts on the plans. 5. Sheets CIS thru C22 - The grates and Brooks boxes shall be traffic rated and ADA compliant, and will be utilized after the park facilities are completed in the future. 6. Sheets CIS thru C22 - Filter fabric is required for the various pipe discharge points on the project site. It will not be incorporated into the area of relocated rip rap. 7. Sheets CIS thru C22 - Headwalls shown on plans should be "wing" type, not "U" as indicated on the profile. 8. Sheets CIS thru C22 - Gravel bag berm and Stabilized Construction Entrance should be installed per note 12 on Sheet 16 (Water Pollution Control Plan) BMP's specified should be constructed per the designated details in the California Storm Water Quality Association Storm Water Best Management Practice Handbook dated January 2003. 9. Sheet Cl 9 - A French Drain is not required for this part of this project. 10. Sheet Cl9 - A Catch basin Type F (Modified) is specified for Strom Drain Line A2 for water quality sampling as required by Storm Water Prevention Plan Requirements. 11. Sheets C20 and C22 - Sediment risers per CASQA SE-2 are to be 12 inches in diameter and designed for a single orifice. Trash racks are not required; however, a steel plate will be required on the pipe opening as shown in City of Carlsbad standard DS-3 as attached. 11. Sheets C20 and C22 - Sediment risers per CASQA SE-2 are to be 12 inches in diameter and designed for a single orifice. Trash racks are not required; however, a steel plate will be required on the pipe opening as shown in City of Carlsbad standard DS-3 as attached. * 12. Sheets C20 and C21 - Facing Class rip rap shall be placed at the outlet of Storm Drain Line C. 13. Sheet C21 - No reclaimed water line work is required as shown on Sheet 21, Note 47. This shall be deleted from the plans. 14. Sheet C21 - Storm Drain Line A includes; a. Length = 57.24 feet, b. Radius = 90.00 degrees c. Delta = 34° 31'57" 15. Sheet C22 - The profile of the Storm Drain Line (72" RCP) shall be revised to read Line "J" instead of Line "L" as written in Addendum No. 4. CITY OF CARLSBAD ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 38372 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE "A" EARTHWORK AND EROSION CONTROL Approximate Item Description Quantity Unit Price Total Amount No. (Price in Words) And Unit (Figures) (Figures) A-1 Mobilization, demobilization LS $ 20,000 $ 20,000 and preparatory work at a stipulated lump sum of twenty thousand dollars (Stipulated Price) A-2 Construction schedule LS $ 10,000 $ 10,000 stipulated lump sum of ten thousand dollars (Stipulated Price) A-3 Clearing and Grubbing per LS $ $ section 02230, Part 3.4 at (Price in Words) A-4 Earthwork, including LS unclassified excavation, structural excavation and backfill (Price in Words) A-5 Sheeting, shoring, bracing for LS $ $_ protection of trench and workers in excavation (Price in Words) Addendum No. 5 Contract No. 38372 Page 11 of 130 Item Description No. (Price in Words) A-6 Stabilized Construction Entrance (Price in Words) A-7 Check Dam (SC-4) Approximate Quantity Unit Price And Unit (Figures) 1 EA $ 800 LF $ (Price in Words) A-8 Inlet Protection (SC-10) (Price in Words) A-9 Gravel Bags (Price in Words) A-9 Drainage swale (EC-9) (Price in Words) A-10 Silt Fencing (Price in Words) A-11 Geotextile Mats for Slope Protection (Price in Words) A-12 Erosion control hydroseed, preparation, and irrigation (including solar controller) A-13 Temporary Traffic Control (Price in Words) 36 EA $ 10,000 EA $_ 3,000 LF $_ 2,500 LF $_ LS LS LS Total Amount (Figures) $ $ $ Addendum No. 5 Contract No. 38372 Page 12 of 130 Approximate Item Description Quantity Unit Price Total Amount No. (Price in Words) And Unit (Figures) (Figures) A-14 Environmental Fencing 3,500 LF $ $ (Price in Words) A-15 Access Control Gate 1 EA (Price in Words) Total amount of bid in words for Schedule "A": Total amount of bid in numbers for Schedule "A": $ Item A-4 (Earthwork) should reference SSPWC Section 300-2 through 300-5 and Technical Specification Section 02300 Items A6 through A-11 (Erosion Control) should reference SSPWC Section 300-9 attached and General Provisions Section 3-2.2.1 Item A-12 (Erosion Control for Hydroseed) should reference SSPWC Section 308-8 attached Addendum No. 5 Contract No. 38372 Page 13 of 130 SCHEDULE "B" STORM DRAIN IMPROVEMENTS Item No. Description (Price in Words) B-1 Storm Drain point of connection (Price in Words) B-2 12" Storm Drain (Price in Words) B-3 15" Storm Drain (Price in Words) B-4 18" Storm Drain (Price in Words) B-5 24" Storm Drain (Price in Words) B-6 30" Storm Drain (Price in Words) B-7 36" Storm Drain (Price in Words) B-8 48" Storm Drain (Price in Words) B-9 72" Storm Drain (Price in Words) Approximate Quantity And Unit 2EA $ Unit Price (Figures) 455 LF $ 505 LF $ 915 LF $ 420 LF $ 375 LF $ 1090LF $ 1065LF $ 75 LF $ Total Amount (Figures) $ Addendum No. 5 Contract No. 38372 Page 14 of 130 Item No. Description (Price in Words) B-10 72" Pipe Collar B-11 (Price in Words) Modified headwall wing including chainlink fence as shown on plan Type Approximate Quantity Unit Price And Unit (Figures) 1 EA 7EA $ Total Amount (Figures) $ (Price in Words) B-12 Type F Catch Basin 13 EA (Price in Words) B-13 Type G Catch Basin 16EA (Price in Words) B-14 2'x4'x60' Reinforced Concrete Box (Price in Words) B-15 Concrete Anchors 9 EA 24.3 CY $ (Price in Words) B-16 24" x 24" Concrete Brooks Box 9 EA (Price in Words) B-17 Rip Rap Energy Dissipater (Price in Words) B-18 Rip Rap Energy Dissipater (Relocate) (Price in Words) 125 CY $ 1640CY $_ Addendum No. 5 Contract No. 38372 Page 15 of 130 Item No. Description (Price in Words) B-19 Concrete Lug (Price in Words) B-20 Inlet Apron (Price in Words) B-21 Storm Drain Cleanout (Price in Words) B-22 Sediment Riser Approximate Quantity Unit Price And Unit (Figures) 1 EA 1 EA SEA 4EA (Price in Words) B-23 Rip rap relocation for slope protection LS $ Total Amount (Figures) $ (Price in Words) B-24 Filter Fabric for rip rap protection 125 SY $$ (Price in Words) Total amount of bid in words for Schedule "B": Total amount of bid in figures for Schedule "B": $_ Total amount of bid in words including Schedule "A" and "B":. Total amount of bid in figures including Schedule "A" and "B": $ The basis of award will be the sum of Schedule "A" and "B". Price(s) given above are firm for 90 days after date of bid opening. Addendum No. 5 Contract No. 38372 Page 16 of 130 Addendum(a) No(s). has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number , classification which expires on , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. Addendum No. 5 Contract No. 38372 Page 17 of 130 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted_ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail Addendum No. 5 Contract No. 38372 Page 18 of 130 IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted (2). (Signature) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of (4) Place of Business (Street and Number) City and State (5) Zip Code Telephone No. (6) E-Mail NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Addendum No. 5 Contract No. 38372 Page 19 of 130 List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Addendum No. 5 Contract No. 38372 Page 20 of 130 LENGTH PER PLAN MIN. 18"* C.S.P.-12 GA. TYPICAL THROUGHOUT /PER PLAN, 6' MINIMUM WIDTH, LENGTH, RIP-RAP SIZE AND FILTER ROCK SIZE PER PLAN STANDPIPE-18"* PIPE.MINIMUM WITH NO PERFORATIONS #6 REBAR.SPACED 6"O.C. AROUND RISER CIRCUMFERENCE A- DCrv DAIMT STEEL Pt-ATE4 RED PAINT STRIPE ALL AROUND RISER PLAN VIEW NTS .SLOPE FACES SHALL BE HYDROSEEDED SIMILAR TO SDRS D-70 2:1 OR FLATTER IF SO SPECIFIED ON PLANS TYPICAL THROUGHOUT .SEE SECTION 300-6 STD. SPECS. NTS SIMILAR TO SDRS D-72 BASIN CAPACITY TABLE SLOPE PER PLAN, 2% MINIMUM —r /L 3/8" PLATE DRAIN PIPE SECTION B-B NTS , . . 1 1/2 x 2 A-36 STL ANGLE 4 LOCATIONS •1/2"* MB w/ NUT & WASHER NOTES: DETAIL A NTS DETAIL B NTS 1) DESILTAT10N BASINS BUILT ON LOTS ADJACENT TO DWELLINGS SHALL BE COMPLETELY LINED WITH 3" GUNITE. 2) ALL STEEL PIPE AND HARDWARE TO BE HOT DIP GALVANIZED AFTER FABRICATION. TRACT AREA (ACRES) 10 15 20 40 80 100 150 200 AVERAGE SLOPES 2% 270 400 540 1080 2160 2700 4000 5400 5% 350 420 700 1400 2800 3500 4200 7000 8% 370 460 740 1480 2960 3700 4600 7400 r 10% 400 600 800 1600 3200 4000 6000 8000 M2% 450 675 900 1800 3600 4500 6750 9000 15% 500 750 1000 2000 4000 5000 7500 10000 REV.APPROVED DATE CITY OF CARLSBAD TEMPORARY DESILTATION BASIN OUTLET AND CAPACITY TABLE 6-04 CITY ENGINEER DATE SUPPLEMENTAL f»O O STANDARD NO. L/O~O NOTES: 7. STENCIL SHALL BE STAINLESS STEEL ASTM B127 MONEL OR EQUAL. 2. WHITE PAINT SHALL BE NON-WATER BASE STRIPING PAINT APPLIED 15 MILS WET FILM THICKNESS. 3. OWNERSHIP OF STENCIL SHALL BE TRANSFERRED TO THE CITY AT THE END OF THE JOB. PAINT COLOR: WHITE STENCIL BY: PIPELINE PRODUCTS SAN MARCOS, CA. PH: 1-800-998-1079 6" STENCIL TYPE "B" FOR USE WITH SMALL BOX INLETS OR ON 6" CURB [NO DUMPING DRAINS TO OCEAN 24" CONTRACT PUBLIC WORKS This agreement is made this o^22 day of QQL KL^*c^^ 20/6», by and between the City of Carlsbad, California, a municipal corporationSfriereinafter called "City"), and KTA Construction Inc., whose principal place of business is 1920 Cordell Court #105 El Cajon CA 92020, (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Non-Collusion Affidavit, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. m¥ Revised 06/10/09 Contract No. 38372 Page 33 of 130 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (A) Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (B) Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. (C) Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Revised 06/10/09 Contract No. 38372 Page 34 of 130 Pages Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 9. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Revised 06/10/09 Contract No. 38372 Page 35 of 130 Pages (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 10. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. m¥ Revised 06/10/09 Contract No. 38372 Page 36 of 130 Pages (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 10 abovefpft-/ //- init /ffif^ init 11. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 12. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 13. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Revised 06/10/09 Contract No. 38372 Page 37 of 130 Pages 14. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: KTAjBONSTRUCTION INC. By: .(name of -S—^ (sign herej ipal corporation of LORRAHNE M. 1 (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attornf By: Deputy City Attorney Revised 06/10/09 Contract No. 38372 Page 38 of 130 Pages CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On ^anftO,^D|0 before me, personally appeared (Here insert name and title of the officer) L who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Vare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in -his/ker/their authorized capacity(ies), and that by Ms/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.IBRIN BROWNE Commission # 1742674 Notary Public • California | San Dt*go County ~ My Comm. Expires Apr 29.2011 [ (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document)oL (Title or Ascription of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer D n n n (Title) Partner(s) Attorney-in-Fact Trustee(s) Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. be/she/theyr is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •?• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •> Indicate title or type of attached document, number of pages and date. •5* Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com BOND NUMBER: 12058526 PREMIUM INCLUDED IN PREMIUM CHARGED FOR PERFORMANCE BOND. LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2010- 003, adopted January 12, 2010, has awarded to KTA Construction Inc., (hereinafter designated as the "Principal"), a Contract for: ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, KTA CONSTRUCTION INC., as Principal, (hereinafter designated as the "Contractor"), and THE GUARANTEE COMPANY OF NORTH AMERICA USA as Surety, are held firmly bound unto the City of Carlsbad in the sum of One Million Five Hundred One Thousand Nine Hundred Ninety Five Dollars ($1,501,995.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. A•K Revised 06/10/09 Contract No. 38372 Page 39 of 130 Pages In the event that Contractor is an individual, not exonerate the Surety from its obligations Executed by CONTRACTOR this 20th day of January , 20 10 . CONTRACTOR: KTA CONSTRUCTION INC. (name of Contractor). , I } , B. UJ/'/}/!•/_ (sign here) it is agreed that the death of any such Contractor shall under this bond. Executed by SURETY this 20TH day Of JANUARY 2010 . SURETY: THE GUARANTEE COMPANY OF NORTH AMERICA USA (name of Surety) 1800 SUTTER SICONCORD, CA $ SUITE 735 (print name here) , A itla and orgawfiationf o signatory) I^J (sign here) ' (print name here) (address of Surety) (925) 348-2585 (telephone number of Surety) ^signature of Attorney-in-Fact) MARIA VHANNEZA WHITECAGE (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy £ity Attorney Revised 06/10/09 Contract No. 38372 Page 40 of 130 Pages CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On T\ W, <to\0 before me, personally appeared \\\\ frO t . (Here inseh name and title of^he officer) xi le of^h L who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)H§/are subscribed to the within instrument and acknowledged to me that fee/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) BRIN BROWNE CommlMlon * 1742674 Notofy Public - California I San Dl*go County ' Mf Conrn BqpfcetApf29.2011 I ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Tit!oj>r description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer D D D D (Title) Partner(s) Attorney-in-Fact Trustee(s) Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/theyr- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. <• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. * Indicate title or type of attached document, number of pages and date. <• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On JAN 2 0 2010 before me, Date personally appeared Lilia Robinson. Notary Public Here Insert Name and Title of the Officer Maria Vhanneza Whitecage Name(s) of Signer(s) LILIA ROBINSON R COMM. #1870129 oNOTARY PUBLIC-CALIFORNIA V SAN DIEGO COUNTY « My Commission Expires • NOVEMBER 29,2013 I who proved to me on the basis of satisfactory evidence to be the person($) whose name($) is/ave subscribed to the within instrument and acknowledged to me that We/she/tW6y executed the same in hte/her/ttrt&lr authorized capacity^), and that by ttM/herfWWt signature(s) on the instrument the person(6), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoingjaatajraph is true and correct. WITNESS my hand and official seal Place Notary Seal Above Signature. OPTIONAL - Signature of Notary Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402- Chatsworth, CA 91313-2402-vww.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Lawrence F, McMahon, James R. Sommerville, James Baldassare, Jr., Christine A. Paterson, Penny E. Kelley, Edward N. Hackett, Maria Vhanneza Whitecage Alliant Insurance Services, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31S| day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of June, 2008. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN County of Oakland Stephen Dullard, Vice President Randall Musselman, Secretary On this 1st day of June, 2008 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed, to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2012 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. N WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this day of JAN 2 0 2010 Randall Musselman, Secretary PREMIUM IS. FOR CONTRACT TERM AND BOND NUMBER: 12058526 SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE PREMIUM: $14,016.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2010- 003, adopted January 12, 2010, has awarded to KTA Construction Inc., (hereinafter designated as the "Principal"), a Contract for: ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, KTA CONSTRUCTION INC., as Principal, (hereinafter designated as the "Contractor"), and THE GUARANTEE COMPANY OF NORTH AMERICA USA as Surety, are held firmly bound unto the City of Carlsbad in the sum of One Million Five Hundred One Thousand Nine Hundred Ninety Five Dollars ($1,501,995.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. *¥ Revised 06/10/09 Contract No. 38372 Page 41 of 130 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 20th day of January , 20 10 . CONTRACTOR: KTA CONSTRUCTION INC. (narrraof Contractor) By: (sign here) ~T (print name here) Executed by SURETY this 20TH day of JANUARY , 20 10 SURETY: THE GUARANTEE COMPANY OF NORTH AMERICA USA (name of Surety) 1800 SUTTER STREET, SUITE 735CONCORD, CA 94520 (address of Surety) (925) 348-2585 (telephone number of Surety) By: _ (Title/and Organization of Signatory) n/,<Prin« U* wu. (signature of Attorney-in-Fact) MARIA VHANNEZA WHITECAGE (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) here) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney Revised 06/10/09 Contract No. 38372 Page 42 of 130 Pages CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of SdH On Wi ?T), MO before me, fojft fajj^L, personally appeared VvlLAV (Here insert name and title of trte officer} t who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Vare subscribed to the within instrument and acknowledged to me that-he/she/they executed the same in-his/her/their authorized capacity(ies), and that by hts/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signal (Notary Seal) •DIN BROWNE I Commiwton # 1742674 K Notary Public • California i San Ot«go County ~ MyComm.ExptetApf29 2011 " ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer D D D D (Title) Partner(s) Attorney-in-Fact Trustee(s) Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ne/she/theyr is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •!• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •J* Indicate title or type of attached document, number of pages and date. <• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego JAN 2 0 2010On Date personally appeared before me,Lilia Robinson. Notary Public Here Insert Name and Title of the Officer Maria Vhanneza Whitecage Name(s) of Signer(s) LILIA ROBINSON COMM. #1870129NOTARY PUBLIC-CALIFORNIA « SAN DIEGO COUNTY 2 My Commission Expires • NOVEMBER 29.2013 I Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person($) whose name(#) is/#V£ subscribed to the within instrument and acknowledged to me that We/she/tftey executed the same in hfs/her/tbl&tf authorized capacity (fete), and that by rWher/tViW signature(s) on the instrument the person(£), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Pul OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:. D Individual -Title(s):D Corporate Officer • D Partner — D Limited D General D Attorney in Fact Trustee Guardian or Conservator D D RIGHTTHUMBPRINT OF SIGNER Top of thumb here D Other:. Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: CallToll-Free 1 -800-876-6827 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Lawrence F. McMahon, James R. Sommerville, James Baldassare, Jr., Christine A. Paterson, Penny E. Kelley, Edward N. Hackett, Maria Vhanneza Whitecage Alliant Insurance Services, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9,03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31s' day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of June, 2008. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN County of Oakland Stephen Dullard, Vice President Randall Musselman, Secretary On this 1st day of June, 2008 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed, to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2012 Acting in Oakland County I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. N WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this day of JAN 2 0 2010 Randall Musselman, Secretary OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called hose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1 P~.~rsuant to sectinns 22300 and 10263 of the Ptlblic Conirnct Code of the State of California the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 in the amount of $1,501,995.00 dated February 22, 2010, (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall mainta~n insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrcv: Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name : ibq 4p vr u Signature / V Address 1635 Faraday Avenue. Carlsbad. CA 92008 For Contractor: For Escrow Agent: Title Name Signature Name . p('oi,\,~ Ccc'sfii,~ 13,xik Signature Address 'IcfSX fi7435,m C.1 ic C~ I?+,-// . Gs~tcc' . '1$"71 At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title MAYOR Address 1200 Carlsbad Villaqe Drive. Carlsbad. CA 92008 For Contractor: For Escrow Agent: Title I;)-,3-~ I Name r?. )4rw*,?&.2 Title Vi~c' ('(<5cc/Ofl f - 3 Name hnlc f ICC l)ci,&c [.ud:i{c,n /~c~I/c GENERAL PROVISIONS FOR ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38572 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 -TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS - Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 03/25/09 Contract No. 38372 Page 46 of 130 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - The City of Carlsbad, California. Agreement - See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Revised 03/25/09 Contract No. 38372 Page 47 of 130 Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item -A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Revised 03/25/09 Contract No. 38372 Page 48 of 130 Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Revised 03/25/09 Contract No. 38372 Page 49 of 130 Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street - Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. Revised 03/25/09 Contract No. 38372 Page 50 of 130 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate APIS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe GBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONG Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSD Carlsbad Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST ....Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign Revised 03/25/09 Contract No. 38372 Page 51 of 130 FD Floor drain FDN Foundation FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL ..Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RGB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northern Railway Revised 03/25/09 Contract No. 38372 Page 52 of 130 SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction STHWY State highway STA Station STD Standard SIR Straight STR GR Straight grade STRUG Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Top of curb TEL Telephone TF Top of footing TOPO Topography TR Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW Top of wall TYP Typical UE Underground Electric USA Underground Service Alert VAR Varies, Variable VB Valve box VC Vertical curve VCP Vitrified clay pipe VERT Vertical VOL Volume VWD Vallecitos Water District W Water, Wider or Width, as applicable WATCH Work Area Traffic Control Handbook Wl Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Underwriters' Laboratories Inc. USGS United States Geological Survey Revised 03/25/09 Contract No. 38372 Page 53 of 130 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1 -4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (urn) 1 inch (in) 25.4 millimeter (mm) 1 inch (in) 2.54 centimeter (cm) 1 foot(tt) 0.3048 meter (m) 1 yard (yd) 0.9144 meter (m) 1 mile (mi) 1.6093 kilometer (km) 1 square foot (ft),, 0.0929 square meter (m ) 1 square yard Iyer) 0.8361 square meter (m) 1 cubic foot (ft3L 0.0283 cubic meter (m,) 1 cubic yard (yd ) 0.7646 cubic meter (m) 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (fl. oz.) 29.5735 millileter (ml.) 1 pound mass (Ib) (avoirdupois) 0.4536 kilogram (kg) 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 Ib avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal second (Pa s) 1 centistoke (cs) 1 square millimeters per second (mm /s) 1 pound force (Ibf) 4.4482 Newton (N)1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8x°C) + 32 °C = (°F-32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Revised 03/25/09 Contract No. 38372 Page 54 of 130 Common Metric Prefixes kilo(k) 10 centi(c) 10~2 milli(m) 10'3 micro (n) 10"6 nano (n) 10" pico(p) 10"12 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes Inches or seconds1 Number / per or (between words)0 Degree PL Property line CL Centerline SL Survey line or station line Revised 03/25/09 Contract No. 38372 Page 55 of 130 SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Revised 03/25/09 Contract No. 38372 Page 56 of 130 Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. Revised 03/25/09 Contract No. 38372 Page 57 of 130 The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of 1 set. The set is designated as City of Carlsbad Drawing No. 419-2A and consists of 25 sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as Revised 03/25/09 Contract No. 38372 Page 58 of 130 issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carlsbad General Provisions and Supplemental Provisions. 6) Plans. 7) Technical Specifications 8) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 9) Standard Specifications for Public Works Construction, as amended. 10) Reference Specifications. 11) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. Revised 03/25/09 Contract No. 38372 Page 59 of 130 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Revised 03/25/09 Contract No. 38372 Page 60 of 130 Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item Section Number Title Subject 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 7-10.4.1 207-2.5 207-8.4 207-10.2.1 300-3.2 303-1.6.1 303-1.7.1 303-3.1 304-1.1.1 304-1.1.2 304-2.1 306-2.1 306-3.1 306-3.4 306-6 306-8 307-4.3 Safety Orders Joints Joints General Cofferdams General General General Shop Drawings Falsework Plans General General General Tunnel Supports Remodeling Existing Sewer Facilities Microtunneling Controller Cabinet Wiring Diagrams Trench Shoring Reinforced Concrete Pipe Vitrified Clay Pipe Fabricated Steel Pipe Structure Excavation & Backfill Falsework Placing Reinforcement Prestressed Concrete Construction Structural Steel Structural Steel Metal Hand Railings Jacking Operations Tunneling Operations Tunneling Operations Polyethylene Liner Installation Microtunneling Operations Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) 2) 3) 4) 5) 6) 7) List of Subcontractors per 2-3.2. List of Materials per 4-1.4. Certifications per 4-1.5. Construction Schedule per 6-1. Confined Space Entry Program per 7-10.4.4. Concrete mix designs per 201-1.1. Asphalt concrete mix designs per 203-6.1. Revised 03/25/09 Contract No. 38372 Page 61 of 130 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as- built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. Revised 03/25/09 Contract No. 38372 Page 62 of 130 When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites Revised 03/25/09 Contract No. 38372 Page 63 of 130 and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Street Centerline Clearing Slope Fence Rough Grade Cuts or Fills > 10m (33') Final Grade (includes top of: Basement soil, subbase and base) Asphalt Pavement Finish Course Drainage Structures, Pipes & similar Facilities®, ® Curb Traffic Signal ® Signal Poles & Controller ® Junction Box ® Conduit ® Stake Description ® SDRS M-10 Monument Lath in soil, painted line on PCC & AC surfaces RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake, Blue- top in grading area RP, paint on previous course RP + Marker Stake RP + Marker Stake RP + Marker Stake RP -t- Marker Stake RP + Marker Stake Centerline or Parallel to Centerline Spacing®, ® <1000', Street Intersections, Begin and end of curves, only when shown on the plans lath - Intervisible, < 50' on tangents & < 25' on curves, Painted line - continuous Intervisible and < 50' < 200' on tangents, < 50' on curves when R> 1000' & 25' on curves when R< 1000' <50' < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' < 25' or as per the intersection grid points shown on the plan whichever provides the denser information intervisible & < 25', beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines < 25', BC & EC, at 1/4A, 1/2A & >/4A on curb returns & at beginning & end Vertical locations shall be based on the ultimate elevation of curb and sidewalk at each pole & controller location at each junction box location < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1 000' or where grade < 0.30% Lateral Spacing ®, ® on street centerline at clearing line Grade Breaks &<25' N/A ( constant offset) N/A <22' edge of pavement, paving pass width, crown line & grade breaks as appropriate ( constant offset) as appropriate as appropriate as appropriate Setting Tolerance (Within) 0.02' Horizontal, also see Section 2-9.2.1 herein 1' Horizontal 0.1 'Verticals Horizontal 0.1' Horizontal 0.1' Verticals Horizontal V Horizontal & V4" Vertical V Horizontal & V Vertical J/8" Horizontal & V4" Vertical J/8" Horizontal & V Vertical V Horizontal & V Vertical V Horizontal & V4" Vertical Jla" Horizontal & when depth cannot be measured from existing pavement 1/4" Vertical Revised 03/25/09 Contract No. 38372 Page 64 of 130 Feature Staked Minor Structure © Abutment Fill Wall® Major Structure ® Footings, Bents, Abutments & Wingwalls Superstructures Miscellaneous ® Contour Grading ® Utilities ®, ® Channels, Dikes & Ditches ® Signs ® Subsurface Drains ® Overside Drains © Markers © Railings & Barriers © AC Dikes ® Box Culverts Pavement Markers® Stake Description © RP + Marker Stake + Line Stake RP + Marker Stake + Line Stake RP + Marker Stake + Line Point +Guard Stake RP + Marker Stake + Line Point +Guard Stake RP RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Point +Guard Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP Centerline or Parallel to Centerline Spacing®, ® for catch basins: at centerline of box, ends of box & wings & at each end of the local depression <D < 50' & along end slopes & conic transitions < 50' and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall height 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns 10' to 33' sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns <50' < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' or where grade < 0.30% intervisible & < 100', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities At sign location intervisible & < 50', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities longitudinal location for asphalt street surfacing < 50' on tangents & curves when R> 1000' & < 25' on curves when R< 1000'. At beginning & end and < 50' on tangents & curves when R > 1000' & < 25' on curves when R< 1000' At beginning & end 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings & at invert 200' on tangents, 50' on curves when R > 1000' & 25' on curves when R < 1000'. For PCC surfaced streets lane cold joints will suffice Lateral Spacing <D, ® as appropriate as appropriate as appropriate as appropriate as appropriate along contour line as appropriate as appropriate Line point as appropriate At beginning & end At marker location(s) at railing & barrier location(s) as appropriate as appropriate at pavement marker location(s) Setting Tolerance (Within) V Horizontal & V4" Vertical (when vertical data needed) 0.1 'Verticals Horizontal 74" Horizontal & 74" Vertical %" Horizontal & n/4" Vertical J/8" Horizontal & 74" Vertical 0.1 'Verticals Horizontal °/8" Horizontal & V4" Vertical 0.1 'Horizontals V4" Vertical 0.1' Verticals Horizontal 0.1 'Horizontals 74" Vertical 0.1 'Horizontals V4" Vertical 74" Horizontal J/a" Horizontal & Vertical 0.1' Horizontal & Vertical J/a" Horizontal & 74" Vertical 74" Horizontal ® Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature © Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table ® Perpendicular to centerline. © Some features are not necessarily parallel to centerline but are referenced thereto Revised 03/25/09 Contract No. 38372 Page 65 of 130 © Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature ® > means greater than, or equal to, the number following the symbol. < means less than, or equal to, the number following the symbol. © The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(6) TABLE 2-9.2.2(B) Survey Stake Color Code for Construction Staking Type of Stake Horizontal Control Vertical Control Clearing Grading Structure Drainage, Sewer, Curb Right-of-Way Miscellaneous Description Coordinated control points, control lines, control reference points, centerline, alignments, etc. Bench marks Limits of clearing Slope, intermediate slope, abutment fill, rough grade, contour grading, final grade, etc. Bridges, sound and retaining walls, box culverts, etc. Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc. Fences, R/ W lines, easements, property monuments, etc. Signs, railings, barriers, lighting, etc. Color* White/Red White/Orange Yellow/Black Yellow White Blue White/Yellow Orange * Flagging and marking cards, if used. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. Revised 03/25/09 Contract No. 38372 Page 66 of 130 The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. Revised 03/25/09 Contract No. 38372 Page 67 of 130 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. The provision requiring the total arithmetic quantity changes, both additive and deductive to not exceed 25 percent of the quantity in the "Contractor's Proposal" shall not apply to bid items A-6 through A-11. For bid items A-6 through A-11, it is the intent that the Contractor will be paid at the unit price stipulated in the Contractor's Proposal for the actual final quantity furnished and installed, which total quantity may be more or less than the quantity stipulated for each of the bid items listed in the "Contractor's Proposal." If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual Revised 03/25/09 Contract No. 38372 Page 68 of 130 quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the Revised 03/25/09 Contract No. 38372 Page 69 of 130 invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by Revised 03/25/09 Contract No. 38372 Page 70 of 130 invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials ............................. 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1 . Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1 . Subsurface or latent physical conditions differing materially from those represented in the Contract; Revised 03/25/09 Contract No. 38372 Page 71 of 1 30 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accor- dance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. Revised 03/25/09 Contract No. 38372 Page 72 of 130 "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing Revised 03/25/09 Contract No. 38372 Page 73 of 130 with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference Revised 03/25/09 Contract No. 38372 Page 74 of 130 to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. Revised 03/25/09 Contract No. 38372 Page 75 of 130 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in Revised 03/25/09 Contract No. 38372 Page 76 of 130 the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall Revised 03/25/09 Contract No. 38372 Page 77 of 130 furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. Revised 03/25/09 Contract No. 38372 Page 78 of 130 The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using Revised 03/25/09 Contract No. 38372 Page 79 of 130 standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investiga- tive costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction ex- tended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradic- tion, the initiator of the investigation shall bear all investigative costs. All claim notifica- tion requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. Revised 03/25/09 Contract No. 38372 Page 80 of 130 SECTION 5 - UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or Revised 03/25/09 Contract No. 38372 Page 81 of 130 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. Revised 03/25/09 Contract No. 38372 Page 82 of 130 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 30 calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Revised 03/25/09 Contract No. 38372 Page 83 of 130 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible "Suretrak" program by Primavera or "Project" program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a CD-ROM data disk with all network information contained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak", "Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and Revised 03/25/09 Contract No. 38372 Page 84 of 130 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. Revised 03/25/09 Contract No. 38372 Page 85 of 130 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.8.1. 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in Section 6-1.2.4 "Schedule Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Revised 03/25/09 Contract No. 38372 Page 86 of 130 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of Revised 03/25/09 Contract No. 38372 Page 87 of 130 the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment. Construction Schedule will be paid for at the stipulated lump sum price of ten thousand dollars ($10,000.00) The stipulated lump sum price paid for Construction Schedule shall include full compensation for furnishing all labor, materials including, but not limited to, the computer hardware and software, tools, equipment, and incidentals; and for doing all the work involved in attending meetings, preparing, furnishing, updating, revising the tabular, bar and flow chart Construction Schedules and narrative reports required by these supplemental provisions and as directed by the Engineer. The Engineer's determination that each and any construction schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be precedent to each and any payment for the Construction Schedule. Payments for Construction Schedule will be made as per Sections 6-1.8.1 through 6-1.8.3. 6-1.8.1 Initial Payment. Four thousand dollars ($4,000.00) of the stipulated lump sum bid for the Construction Schedule will be made when the Engineer has accepted a Construction Schedule for this project 6-1.8.2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction Schedule Payments of one thousand dollars ($1,000.00) will be made subsequent to the initial payment for the Construction Schedule for each monthly Construction Schedule, updated as required herein, that the Engineer has accepted as sufficient within the month that the monthly progress payment pertains. No payment shall be made, nor shall any payment accrue, for any monthly updated construction schedule that is not marked "Accepted" by the Engineer on or before the twentieth working day of the month such monthly updated construction schedule is due per Section 6-1.3 Preparation of Schedule Updates and Revisions. The sum of the amounts paid for Construction Schedule during the initial and subsequent payment periods, or extensions to the contract, shall not exceed the stipulated lump sum price for Construction Schedule. 6-1.8.3 Concluding Payment. A Final payment of one thousand dollars ($1,000.00) for the Construction Schedule will be made when both one hundred percent of the contract work is completed and the Engineer has accepted a final construction schedule update prepared and submitted by the Contractor as required herein that shows the actual beginning and ending dates and all other data that is required for baseline and update schedules for each activity shown on the baseline construction schedule and updates thereto that the Engineer accepted for this project. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the Revised 03/25/09 Contract No. 38372 Page 88 of 130 necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes mass grading, erosion control and installation of storm drains for the Alga Norte Community Park. 6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. Revised 03/25/09 Contract No. 38372 Page 89 of 130 The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. Revised 03/25/09 Contract No. 38372 Page 90 of 130 If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within 120 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor associa- tion, Revised 03/25/09 Contract No. 38372 Page 91 of 130 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 5:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. No work involving mass grading or implementation of storm water and erosion control shall be performed by the contractor between 5:00 pm and 7:00 am. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make Revised 03/25/09 Contract No. 38372 Page 92 of 130 such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of one thousand dollars ($1000.00). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and Revised 03/25/09 Contract No. 38372 Page 93 of 130 nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' com- pensation or to undertake self-insurance in accordance with the provi- sions of that code, and I will comply with such provisions before com- mencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. Resource agency permits for the Work are included in Appendix 'E' of these supplemental provisions. Resource agency permits pertaining to this project include: 1) California Water Quality Control Board permit number WDID 9 37C356152 issued on August 31, 2009. Revised 03/25/09 Contract No. 38372 Page 94 of 130 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others, the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Revised 03/25/09 Contract No. 38372 Page 95 of 130 Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring Revised 03/25/09 Contract No. 38372 Page 96 of 130 water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. The Notice of Intent (NOI) shall be filed for the project. The NOI shall be filed by City of Carlsbad per requirements of the latest NPDES Construction Permit before a Notice to Proceed is issued by the City of Carlsbad. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. Revised 03/25/09 Contract No. 38372 Page 97 of 130 The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Revised 03/25/09 Contract No. 38372 Page 98 of 130 Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. Revised 03/25/09 Contract No. 38372 Page 99 of 130 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer (760)602-2720 2) Carlsbad Fire Department Dispatch (760) 931-2197 3) Carlsbad Police Department Dispatch (760) 931-2197 4) Carlsbad Traffic Signals Maintenance (extension 2937) (760) 438-2980 5) Carlsbad Traffic Signals Operations (760) 602-2752 6) North County Transit District (760) 967-2828 7) Waste Management (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5. let seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed Revised 03/25/09 Contract No. 38372 Page 100 of 130 and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. During the entire construction, a minimum of 14 feet wide paved traffic lanes shall be open for use by public traffic in each direction of travel. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. Revised 03/25/09 Contract No. 38372 Page 101 of 130 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1 , as amended for use in California) published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1 , as amended for use in California) as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is Revised 03/25/09 Contract No. 38372 Page 1 02 of 1 30 contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefore. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefore. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. Revised 03/25/09 Contract No. 38372 Page 103 of 130 The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit- required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. Revised 03/25/09 Contract No. 38372 Page 104 of 130 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Revised 03/25/09 Contract No. 38372 Page 1 05 of 1 30 Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Revised 03/25/09 Contract No. 38372 Page 106 of 130 Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental Revised 03/25/09 Contract No. 38372 Page 107 of 130 payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. Revised 03/25/09 Contract No. 38372 Page 108 of 130 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. The Contract lump-sum price paid for mobilization shall not exceed ten thousand dollars ($10,000.00), and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Revised 03/25/09 Contract No. 38372 Page 109 of 130 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 207 - PIPE 207-2 REINFORCED CONCRETE PIPE. 207-2.5 Joints. Add the following: When watertight joints are indicated on the plans they shall be of the rubber-gasketed type meeting the requirements of ASTM Standard Specification designations C 361-95 and C 443-94. Pipe designated in the plans as "pressure pipe" or with a 100-year hydraulic grade line at or above the soffit shall be bell and groove spigot joint with "O" rings conforming to ASTM C-443 and C-361 for the limits shown on the plans. 207-9 IRON PIPE AND FITTINGS 207-9.2.2 Pipe Joints Unless otherwise shown on the Plans, all joints shall be the push-on type joint. Joints and accessories shall conform to the requirements and dimensions specified in ANSI A21.11, AWWA C111. Rubber gasket material shall conform to 208-1.2 and AWWA C111 and ANSI A21.11-90. 207-9.2.3 Fittings. Add the following: Ductile iron pipe and fittings shall be manufactured in accordance with ANSI 21.50, AWWA C150 and ANSI 21.51, AWWA C151, and shall be of the size and thickness classes shown on the Plans. Unless otherwise specified, size 4-inches through 6-inches DIP shall be thickness Class 52, while size 8-inches and larger shall be thickness Class 50. 207-9.2.4 Lining and Coating. Replace with the following: Unless otherwise specified, all iron pipe and fittings shall be lined with double thickness, cement motor lining with cement conforming to ASTM C150 Type II, AWWA C104/A21.4.90 and outside coating of bituminous coating a minimum of 2 mils, thick in accordance with AWWA C151 or C100. 207-10 STEEL PIPE add the following: 207-10.1 General Fabricated Steel Pipe and Fittings shall conform in all respects to Carlsbad Municipal Water District Rules and Regulations for Construction of (Potable or Reclaimed) Water Mains, latest edition. 207-10.1.2 Submittals. The Contractor shall furnish submittals in accordance with Section 2-5.3, Submittals Shop Drawings. Submittals are required for the following: Shop Drawings Layout Drawings Manufacturer's tests Mill Reports or Plant Test Reports Fabrication Details Dimensional Checks Protective Coatings Welding Procedures/Certification for Field Welding Revised 03/25/09 Contract No. 38372 Page 110 of 130 Shop Drawings shall be submitted and approved prior to manufacture of pipe. 207-10.1.3 Quality Assurance. Field welders shall be certified under Section IX, Part A of the ASME Boiler and Pressure Vessel Code or in accordance with AWWA C206, Section 3. Welders shall submit a copy of their certification to the District prior to performing any field welding. Certifications shall be dated within three (3) years of the job to be performed. The top of all pipe and specials shall be clearly identified by marking the top with "T.O.P." for easy identifications in the field. Plainly mark each length of pipe at the bell end to identify the proper location of the pipe item by reference to the layout schedule. 207-10.1.4 Protective Coatings and Linings. All steel pipe and fittings exposed within a vault or above ground shall be cement-mortar lined in accordance with AWWA C205 and C602 and painted in accordance with CMWD Approved Materials List. All steel pipe and fittings for underground service shall be cement-mortar lined, taped wrapped and cement-mortar coated in accordance with AWWA C205, C214 and C602 unless otherwise specified on the Drawings. Add the following section: 207-25 UNDERGROUND UTILITY MARKING TAPE. Add the following section: 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0.13 mm (0.005") overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207-25(A) and 207-25 (B). TABLE 207-25.1 (A) DETECTABLE UNDERGROUND UTILITY MARKING TAPE PROPERTIES Property Thickness Tensile strength Elongation Printability Flexibility Inks Message repeat Foil Top layer Bottom layer Adhesives Bond strength Colors Method ASTMD2103 ASTM D882 ASTM D882-88 ASTM D2578 ASTM D671-81 Manufacturing specifications Manufacturing specifications Manufacturing specifications Manufacturing specifications Manufacturing specifications Manufacturing specifications Boiling H2O at 100 degrees Celsius APWA Code Value 01 14 mm (0.0056") 4500g/cm (25 Ibs/inch) (5,500 PSI) <50 percent at break >50 dynes/square centimeter Pliable hand Heat-set Mylex Every 500 mm(20") Dead soft/annealed Virgin PET Virgin LDPE >30 percent, solid 1.5#/R Five hours without peel See Table 207-25.1 (B) Revised 03/25/09 Contract No. 38372 Page 111 of 130 TABLE 207-25.1(6) DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS Color Red Yellow Orange Blue Green Brown Purple Utility Marked Electric power, distribution, transmission, and municipal electric systems. Gas and oil distribution and transmission, dangerous materials, product and steam. Telephone and telegraph systems, police and fire communications, and cable television. Water systems. Sanitary and storm sewer systems, nonpotable. Force mains. Reclaimed water lines. Add the following section: 207-25.2 Materials Approvals. Detectable Underground Utility Marking Tape shall meet the requirements of each of the following agency/association publications. A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping B31.8, paragraph 192.321 (e). B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7, 1974. Report NTSB-PSS-73-1. C. American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum pipelines - APR RP 1109. D. General Services Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment - PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1. E. Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS Add the following section: 212-1.2.6 Herbicides and Pesticides. Shall be used in their appropriate applications with strict adherence to manufacturer's specifications and instructions. Postemergent herbicide for all areas shall be Glyphosate, N-(phosphonomethyl) glycine, in the form of its isopropylamine salt such as Roundup Pro, Diquat, Montar, or approved equal. Preemergent herbicide for shrubs and groundcover areas planted from flats shall be Treflan, Surflan, Eptan, or approved equal. Add the following section: 212-1.2.7 General Soil Conditioners. Agricultural-grade gypsum shall be a calcium sulfate (CaSO4 H20) product - 94.3 percent. 90 percent shall pass a 50-mesh screen. Control of dust during application is mandatory. Iron Sulfate shall be ferrous sulfate in pelletized or granular form containing not less than 20.0 percent iron expressed as metallic iron. Iron Sulfate pellets shall be of size and gradation such that 98 percent is retained on a 10-mesh screen. Add the following section: 212-1.2.8 Stabilizing Emulsion. Stabilizing emulsion shall be a concentrated liquid chemical that forms a plastic film upon drying and allows water and air to penetrate. The film shall be nonflammable and shall have an effective life of at least one year. Stabilizing emulsion shall be nontoxic to plant and animal life and nonthinking to concrete or painted surfaces. In the cured state the stabilizing emulsion shall not be re-emulsifiable. The material shall be registered with, and licensed by the California, Department of Food and Agriculture, as an "auxiliary soil chemical". Stabilizing emulsion shall be miscible with water at time of mixing and application. Revised 03/25/09 Contract No. 38372 Page 112 of 130V 212-1.3 Seed. Add following: The quantity of pure live seed supplied shall meet or exceed the quantity shown in the specified mixes. Seed shall not contain more than 0.5 percent weed seed by volume Seed types shall be as specified on the plans and planting legends, and shall be applied at the rates indicated. All brand-name, patented seed must be received by Contractor in original manufacturer's bag. Seed shall be received by Contractor in separate containers specifying kind, quantity, purity, and germination. Contractor shall provide the Engineer with each seed bag label used in the Work. Add the following section: 212-1.6 Erosion Control Matting. Erosion control matting shall be made of 100-percent- biodegradable, weed-free wheat straw of thickness and density yielding 270 grams per square meter (0.50 Ib./sy) with photodegradable polypropylene netting with a density of 0.89 grams per square meter (1.64 lb/1000 sy) having an approximate mesh interval of 50 mm x 50 mm (2" x 2") on each face of the straw mat. The straw mat shall be sewn together with unidirectional lines of cotton or polypropylene thread spaced approximately 50 mm (2") apart. Erosion control matting shall be "North American Green, DS150", "BonTerra S2", or approved equal. Add the following section: 212-1.7 Erosion Control Mat Staples. Erosion control mat staples shall be 25 mm x 150 mm (1" x 6"), U-shaped 11 -gauge mild steel staples. 212-2 IRRIGATION SYSTEM MATERIALS. 212-2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings, add the following: Except as provided in this section, all buried piping in the irrigation system shall be installed with underground utility marking tape conforming to the requirements of section 207-21 and identifying it as reclaimed water. Intermittent pressure lines (lines on the downstream side of a controller valve that will not be subject to constant pressure) will not require underground utility marking tape. All PVC pipe used for irrigation systems shall be colored purple by the addition of a dye integral to the PVC. Painted pipe will not be accepted. Pressure mainline piping for sizes 50 mm (2") and larger shall be PVC having a pressure rating of 2170 kPa (315 PSI), S.D.R. 13.5. Stenciled pipe is required for all irrigation system piping including portions not required to be marked with underground utility marking tape. All pipe shall have stenciling appearing on both sides of the pipe with the marking "Reclaimed Water" in 16 mm (5/8") high letters repeated every 300 mm (12"). PVC non-pressure buried lateral line piping shall be PVC Schedule 40. Add the following section: 212-2.1.7 Brass Pipe and Fittings. Brass pipe shall be IPS standard weight 125 LB 85 percent copper and 15 percent zinc, trade designation seamless red brass pipe conforming to the requirements of ASTM B43-91. Brass pipe fittings and connections shall be Standard 125 LB class 85 percent red brass fittings and connections. 212-2.2.7 Valve Boxes. Add the following: All valve boxes shall be marked "RCV", "BV" or "QC", "PB" respectively. Remote control valves shall be marked with station numbers embossed on the valve cover with a brass tag. (RCV boxes shall have locking covers.) Other boxes such as pull boxes, etc., shall be marked with appropriate identification. Add the following section: 212-2.2.8 Ball Valves. Ball valves shall have bottom-loaded pressure-retaining stems, glass- reinforced seats, and reinforced TFE stem packing seals. Valves sizes 13 mm (!4") to 50 mm (2") Revised 03/25/09 Contract No. 38372 Page 1 1 3 of 1 30 shall be pressure rated at 4140 kPa (600 PSI) WOG and 1030 kPa (150-PSI) saturated steam. Each valve shall be tested, air under water, in the opened and closed position by the manufacturer. Ball valve must conform to Federal Specification WW-V-35B, Type II, Class A, Style 3, End Connection A or C. Add the following section: 212-2.2.9 Pressure Regulator Valve. Pressure regulator valve shall be bronze body with screw fitting. Add the following section: 212-2.2.9 Wye Strainers. Wye strainers shall have a cast iron or all-bronze body with a removable stainless steel or monel strainer. Wye strainers shall be capable of withstanding a cold water working pressure of 1034 kPa (150 psi). Wye strainers at backflow preventer assemblies shall be equipped with a gate valve at the outlet. All other wye strainers shall be equipped with a garden valve at the outlet. The strainer screen for the wye strainer in a backflow preventer assembly shall have an open area equal to at least 3 times the cross-sectional area of the pipe based on an iron pipe size and shall be woven wire fabric with 850-|jm mesh or perforated sheet with 1.14 mm (0.045") diameter holes. All other wye strainers shall be equipped with 425-um strainer screens. 212-2.4 Sprinkler Equipment. Add the following: All sprinkler heads are to have factory built-in check valves or a check valve under each head. Drip assemblies shall meet the following requirements: The drip emitter shall be Pepco Quadra or Rainbird XERI-Bird-8 or approved equal as called on drawings, with four ports. Drip tubing for emitter outlets shall be Rainbird (RBT-160V), Salco, or approved equal. Drip tubing stakes shall be Rainbird No. RS-13, Salco, or approved equal. Bug cap for drip tubing shall be manufactured by Rainbird, Pepco, or approved equal. The drip pressure regulator shall be Rainbird, Netafim PVR, or approved equal. Drip emitter filter shall be Amiad, Rainbird, or approved equal. Drip emitter access boxes shall be Rainbird No. SEB-6X, Salco Subterranean Emitter Box, or approved equal. Check valves shall be of heavy-duty virgin PVC construction with FIP thread inlet and outlet. Internal parts shall be stainless steel and neoprene. Antidrain valves shall be field adjustable against drain out from 1.5 m to 12 m (51 to 40') of head. All sprinkler heads that are without valves in the heads are to have an antidrain valve feature and shall have an excess flow feature, which will automatically stop the flow of water when it exceeds the GPM preset by the manufacturer. Check valves shall be King Bros., Rainbird, or approved equal. 212-2.3 Backflow Preventer Assembly. Add the following: Backflow preventers shall be one of the approved reduced pressure principle devices listed by the California Department of Health Services, Division of Drinking Water and Environmental Management, 601 North 7th Street, Mailing Station (MS) 92, P.O. Box 942732, Sacramento, CA 94234-7320. Backflow preventers shall be factory assembled and shall include 2 check valves, one pressure differential relief valve, 2 shut-off valves and 4 test cocks. Backflow preventer and valves shall be the same size as the pipeline in which they are installed, unless otherwise shown on the plans. Backflow preventer shut-off valves shall be manufactured from iron or bronze and shall be either resilient wedged gate valves, resilient seated and fully ported ball valves, or resilient seated butterfly valves. Threaded type shut-off valves shall be provided with a union on one side of each valve. Unions shall be brass or malleable iron. Add the following section: 212-2.4.1 Additional Equipment. Contractor shall provide the following items to the Engineer: Revised 03/25/09 Contract No. 38372 Page 114 of 130 1. Two control valve keys. 2. Two wrenches for removing each different type of sprinkler head. 3. Two quick coupler keys. The keys and hose ells shall be of the same manufacturer as 4. the coupling valve. 5. Five keys for opening and locking each automatic controller and enclosure. Add the following section: 212-2.5 Flexible Hose.—Flexible hose shall be nonrigid polyvinyl chloride (nonrigid PVC) hose conforming to the specifications of ASTM Designation: D 2287, Cell-type 6464500. Wall thicknesses of nonrigid PVC hose shall conform to Table 212-2.5(A) when determined in accordance with ASTM Designation: D 2122. TABLE 212-2.5(A) FLEXIBLE HOSE Hose Size-Ni (Millimeters) 15 20 25 Mninal (Inches) % % 1 Minimum Wall Thicl (Millimeters) 3.73 3.91 4.55 (ness* (Inches) 0.147 0.154 0.179 Range (Percent) 12 12 12 *as measured at any point on the cross section. The hose shall provide leak-free, non-separating connections suitable for the purpose intended when connected to the fittings specified herein. Fittings for flexible hose shall be injection molded PVC, Schedule 40, conforming to the specifications of ASTM Designation: D 2466. Fittings shall be solvent cemented type. Solvent cement for flexible hose and fittings shall be of commercial quality specifically manufactured for use with nonrigid PVC hose. Primer for flexible hose fittings shall be the same as specified for plastic pipe supply line fittings. 212-3 ELECTRICAL MATERIALS. 212-3.1 General. Add the following: the 1996 National Electrical Code. All electrical materials shall conform to the requirements of 212-3.2.2 Conductors. Add the following: Low voltage electric wiring running from controller to the automatic control valves shall be no smaller than No. 14 solid single conductor, copper wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial), or equal, color code wires to each valve. Neutral wires shall be white, no smaller than No. 12 solid single conductor wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial). 212-3.3 Controller Unit. Add the following: All controllers shall be grounded by one 19 mm (5/8") diameter by 3 m (10') long stainless steel grounding rod and a 50-ohm resistance lightning arrester. Electrical service equipment Add the following section. 212-3.4 Irrigation Electrical Service Equipment and Enclosures. shall incorporate the following elements: 1. One 100-amp, 120/240-volt, single-phase load center, as approved by the Engineer; 2. One 100-amp rated commercial meter socket suitable for the San Diego Gas and Electric Company meter, with provision for test block bypass having a UL listing and EUSERC approval; 3. One 15-amp circuit breaker for each irrigation controller energized by the service; 4. One 20-amp circuit breaker for the duplex receptacle. Revised 03/25/09 Contract No. 38372 Page 115 of 130 5. The design, assembly, grounding, wiring, and components of the irrigation electrical service equipment and enclosure shall meet the requirements of the 1996 edition of the National Electrical Code. 6. Electrical service equipment shall be enclosed in a cabinet constructed entirely of 14-gage, or heavier, 304 stainless steel. The cabinet shall be of welded construction with a brushed finish; anchoring points shall be inside the enclosure. 7. The cabinet shall be HYDROSAFE Model No. HS9, Strong Box, or approved equal. 8. The cabinet shall have a 304 stainless steel interior bulkhead separating the 120/240-volt electrical service section from the irrigation controller section. 9. No wood components shall be used in the enclosure. 10. Each section of the cabinet shall have full front opening doors with piano hinges, integral keylock and hasp and staple, or other provision, for padlock. 11. The cabinet shall be provided with cross-flow ventilation. Ventilation openings shall be located and designed to preclude rain, irrigation splash, vermin, and insects from entering the cabinet. 12. The controller side door shall have provision for mounting control schematics without the use of adhesives or fasteners. The service side door shall have a clear acrylic plastic window to allow the electrical meter to be read. 13. The cabinet shall have a duplex 15-amp, 120-volt receptacle with ground fault interrupter protection mounted on the interior service side. 14. Concrete footings and pads supporting the Electrical service equipment shall be 560-C-3250 and shall be no less than 150 mm (6") thick. 15. Anchor bolts to secure the service equipment to the concrete pad shall be 10 mm (34J") diameter by 150 mm (6") long hot dip galvanized or stainless steel headed bolts with washers, without sleeves, conforming to section 304-1.7. Anchor bolts to secure the service equipment to the concrete pad shall be embedded in the concrete slab between 65 mm and 100 mm (214" and 4"). SECTION 213 - ENGINEERING FABRICS 213-2GEOTEXTILES. 213-2.1 General. Table 213-2.1 (A) Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1 (A) GEOTEXTILE APPLICATIONS Application of Geotextile Separation of Soil and Street Structural Section Separation of Soil and Subsurface Aggregate Drain Reinforcement of Street Structural Section Remediation and Separation of Soil Reinforcement of Soil Drainage at the Interface of Soil Structures Drainage at the Interface of Soil and Structures Rock Slope Protection Fabric for Rock Sizes Below 225 kg (% Ton) Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg (% Ton) Plant Protection Covering Erosion Control Fence with 14 AWG - 150 mm x 150 mm (6"x6") Wire and 3 m (10') Post Spacing Erosion Control Fence with 1.8 m (61) Post Spacing and No Wire Fencing Type Designation 90WS 180N 200WS 270WS 270WS N/A N/A 180N 250N 90N 90WS 200WS Revised 03/25/09 Contract No. 38372 Page 116 of 130 Add the following section: 213-3 EROSION CONTROL SPECIALTIES. Add the following section: 213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 Ibs) of 19 mm (3/4") crushed rock and securely tied closed. Plastic bags are not acceptable. SECTION 215-FENCING Add the following section: 215-1 ENVIRONMENTAL FENCING Add the following section: 215-1.1 Materials. Environmental fence shall be minimum 4' high, orange colored plastic construction fencing installed prior to performing any work. Environmental fence shall be constructed of non-toxic, non-conductive polyethylene capable of withstanding temperatures from - 58F degrees to 194F degrees. Color shall be non-fading. Posts shall be 6'-6" long, shall be spaced no more than 10'-0" apart and buried portion shall be no less than 2'-6" deep. Used materials may be installed providing the used materials are good, sound, and are suitable for the purpose intended, as determined by the Engineer. Materials may be commercial quality providing the dimensions and sizes of the materials are equal to, or greater than, the dimensions and sizes specified herein. Posts shall be either metal or wood at the Contractor's option. Galvanizing and painting of steel items will not be required. Treating wood with wood preservatives will not be required. Concrete footings for metal posts will not be required. Revised 03/25/09 Contract No. 38372 Page 117 of 130 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General, add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. 300-1.1 General, add the following: All clearing and grubbing, including the removal of cleared and grubbed materials, must be completed and the resultant surface made available for measurement by the Engineer prior to the Contractor starting any unclassified excavation. The Contractor shall notify the Engineer three (3) working days prior to completing clearing and grubbing and the removal of all deleterious material from the site. 300-1.3 Removal and Disposal of Materials, add the following. Also included in clearing and grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, existing headwalls, rip-rap, traffic signs, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment. Payment for clearing and grubbing shall be made at the contract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General, add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of unsuitable soil, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 oRevised 03/25/09 Contract No. 38372 Page 118 of 130 mm (1') of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland mitigation grading and attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. 300-2.2.1 General, add the following: Alluvial and colluvial removal and recompaction shall consist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.2.1 General, add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. Add the following section: 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1. 300-2.2.4 Instability of Cuts. Add the following. The Contractor shall remove additional material as directed by the Engineer to improve the stability of excavated cuts. The removal of such excavated material shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsection 300-2.2.1. 300-2.5 Slopes, add the following: The hinge points (the top and bottom) of slopes shall be located within 75 mm (0.25') of the locations shown on the plans. 300-2.5 Slopes, add the following: after the first sentence of the first paragraph: A slope shall be defined as any area steeper than three horizontal to one vertical. 300-2.6 Surplus Material, add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-2.9 Payment, substitute the following: Payment for all unclassified excavation will be made at the Contract Lump Sum price bid for unclassified excavation and shall include compensation for excavation, sloping, rounding tops and ends of excavation, matching existing graded slopes, loading, exporting and disposing of surplus material and unsuitable material shown on the plans or specified herein to be removed, stockpiling, hauling to designated sites, placing and compacting, mixing, grading of mitigation site, salvaging clean and suitable material and filling areas to the required grades and cross sections. Unclassified fill, slope rounding, all work incidental to Section Revised 03/25/09 Contract No. 38372 Page 119 of 130 300-4.8 and construction of transitions will be paid for as a part of unclassified excavation, and no additional payment will be made therefore. Contractor shall include the cost for Unclassified Excavation, Unclassified Fill, and Structural Excavation and Backfill in the lump sum bid amount of Bid Item A-4 and no separate payment will be made thereof. Additional clarifying information is on the Grading Plans for Alga Norte community Park, Item 3, Sheets C1. C2. and C3. When required by the plans or specifications or where directed by the Engineer, the excavation and stockpiling of selected material will be paid for at the Contract Lump Sum price for unclassified excavation. Removing such selected material from the stockpile and placing it in its final position will also be paid for at the Contract Lump Sum Price for unclassified excavation and no additional compensation will be allowed therefore. Add the following section: 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1') of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC. 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.6 Payment, add the following: Dewatering shall be paid for as an incidental to structure excavation, backfill, and unclassified excavation and no additional compensation will be made therefore. Except for unsuitable materials removed as part of the clearing and grubbing item unsuitable material encountered below grade will be paid for at the lump sum price bid for structure excavation, backfill and unclassified excavation. 300-4 UNCLASSIFIED FILL 300-4.2 Preparation of Fill Areas, add the following: Except as provided in section 300-4.7, "Compaction", areas proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure D1 557-91. 300-4.5 Placing Materials for Fills, add the following: The Contractor shall perform grading such that the upper 900 mm (3') of fill placed in the roadway pavement area is composed of properly compacted low expansive soils. The more highly expansive soils shall be placed in the deeper fill areas and properly compacted or exported from the site. Low expansive soils are defined as those soils that have an Expansion Index of 50 or less when tested in accordance with 1994 UBC Standard 18-2 as published by the International Conference of Building Officials. Should insufficient soils meeting the requirement of an expansion index of 50 or less be present within the limits of work, soils of the least expansion index that are available within the limits of work shall be incorporated in the upper 900 mm (3') of fill placed in the roadway. The Contractor shall break rock encountered in the excavation into particles of less than 75 mm (3"). Particles with dimensions greater than 75 mm (3") shall be uniformly distributed over the area to be filled so that construction equipment can be operated in such a manner that the larger pieces will be broken into smaller particles and become incorporated with the other materials in the layer. This requirement for particle size reduction does not apply to cobbles, small boulders, and small hard rocks found within the surface soils and formational materials. Rocks having any dimension greater than 460mm (18") shall not be incorporated into the fill. Rock exceeding 150 mm (6") in diameter Revised 03/25/09 Contract No. 38372 Page 120 of 130 shall not be placed in the upper 900 mm (3') of any fill. When there are large quantities of rock to be placed in the fill, rocks shall not be nested, but shall be spread with sufficient room between them so that intervening voids can be adequately filled with fine material to form a dense, compact mass. Oversize material which cannot be utilized for erosion mitigation or landscaping onsite shall be broken to acceptable sizes or removed from the site by the Contractor. If disposed of within the City of Carlsbad, a separate grading permit will be required for disposal of rock. 300-4.6 Application of Water, add the following: The Contractor shall place all fill soil at a moisture content no less than one (1) percent below optimum moisture as determined by ASTM test D-1557- 91. 300-4.7 Compaction, add the following: The Contractor shall compact all fill soils placed within the top 1 m (3') of roadway subgrade to a minimum of 95 percent relative compaction. On all areas to receive planting, the top 150 mm (6") shall be compacted to 85%, +2% -5%, to allow for plant growth. 300-4.8 Slopes, add the following: Feathering of fill over the tops of slopes will not be permitted. The Contractor shall compact the faces of fill slopes with a sheep's foot roller at vertical intervals no greater than 600 mm (2') or shall be built and cut back to finish grade. In addition, if not over built and cut back, the face of the slope shall be track walked upon completion. 300-4.9 Measurement and Payment. Delete and substitute the following: Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and incidental to Section 300-4, "Unclassified Fill" will be paid for as a part of unclassified excavation, and no additional payment will be made therefore. 300-5 BORROW EXCAVATION. Add the following section: 300-5.2.1 Imported Borrow Properties. The Contractor shall provide imported borrow that is clean well graded soil consisting of material conforming to all of the requirements in Table 300-5.2.1 (A) and the following requirements. Rock included in the top 1 m (3') of imported borrow shall be particles of less than 75 mm (3"). Rock included below the top 1 m (3) of imported borrow shall be particles of less than 150 mm (6"). TABLE 300-5.2.1 (A) IMPORTED BORROW PROPERTIES Tests R-Value Expansion Index Plasticity Index Sieve Analysis Test Method No. Calif. 301 UBC Standard 18-2 ASTM D 424 ASTM D 422 Requirements 40 Min. 10 Max. 4 Max. Percent Passing 75n (No. 200) 15 Max. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage Revised 03/25/09 Contract No. 38372 Page 121 of 130 of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "Stormwater Best Management Practices Handbook, Construction", January 2003 edition or latest version thereof as published by the California Stormwater Quality Association. The Contractor shall maintain a copy of the "Stormwater Best Management Practices Handbook, Construction", January 2003 edition or latest version thereof on the project site and shall conduct its operations in conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Embankment areas, while being brought up to grade and during periods of completion prior to final roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods . b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be limited to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff. c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for unclassified excavation, and no additional compensation will be allowed therefore. 300-12 ROCK SLOPE PROTECTION FABRIC. Add the following section: 300-12.1 Preparation of Subgrade. Prior to placing rock slope protection fabric the Contractor shall clear the surfaces upon or against which rock slope protection fabric is to be placed of loose or extraneous material and sharp objects that may damage the fabric during installation. Equipment or vehicles shall not be operated or driven directly on the rock slope protection fabric. Rock slope protection fabric damaged during placement shall be replaced or repaired by the Contractor at its expense as directed by the Engineer. Revised 03/25/09 Contract No. 38372 Page 122 of 130 Add the following section: 300-12.2 Placement. The Contractor shall place rock slope protection fabric prior to placing rock slope protection. The Contractor shall grade surfaces to be covered by rock slope protection so as to provide full support for the fabric. Rock slope protection fabric shall conform to the provisions in Section 213-2, "Geotextiles," and shall be placed by the Contractor in accordance with the details shown on the plans and as specified herein. The Contractor shall handle rock slope protection fabric with care that it is not torn or stretched and place it in accordance with the manufacturer's recommendations, these specifications and as directed by the Engineer. The Contractor shall place and fit rock slope protection fabric loosely upon or against the surface to receive the fabric so that the fabric conforms to the surface without damage when the cover material is placed. Rock slope protection fabrics shall be joined, at the option of the Contractor, either with overlapped joints or stitched seams. When fabric is joined with overlapped joints, all adjacent borders of the fabric shall be overlapped not less than 610 mm (24"). The fabric shall be placed such that the fabric being placed shall overlap the adjacent section of fabric in the direction the cover material is being placed. When the fabric is joined by stitched seams, the fabric shall be stitched with yarn of a contrasting color. The size and composition of the yarn shall be as recommended by the fabric manufacturer. The number of stitches per 25 mm (1") of seam shall be 6 ± 1. The strength of stitched seams shall be the same as specified for the fabric, except when stitched seams are oriented up and down a slope the strength shall be a minimum of 80 percent of that specified for the fabric. Fabric damaged beyond repair, as determined by the Engineer, shall be replaced by the Contractor and no additional payment will be made therefore. Repairing damaged fabric shall consist of placing new fabric over the damaged area. The minimum fabric overlap from the edge of the damaged area shall be 1 m (3') for overlap joints. If the new fabric joints at the damaged areas are joined by stitching, the stitched joints shall conform to the requirements specified herein. Damaged fabric that is suitable for repair, as determined by the Engineer, shall be repaired by the Contractor and no additional payment will be made therefore. Add the following section: 300.12.3 Measurement and Payment. Payment for rock slope protection fabric will be included in the unit and/or lump sum prices for items which have said fabric in their design and no additional payment will be made therefore. 300-13 STORM WATER POLLUTION PREVENTION PLAN Add the following section: 300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the "Greenbook" Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction ("Handbook"), the requirements of the Permit, the requirements in the plans and these supplemental provisions. 300-13.1.1 SWPPP Document Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. Contractor will be provided the digital format for SWPPP to complete required sections. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow Revised 03/25/09 Contract No. 38372 Page 123 of 130 construction activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract. The SWPPP shall incorporate control measures in the following categories: 1. Soil stabilization practices; 2. Sediment control practices; 3. Wind erosion control practices; and 4. Non-storm water management and waste management and disposal control practices. Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities outlined in the SWPPP. The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. Source Identification; 2. Erosion and Sediment Controls; 3. Non-Storm Water Management; 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; 8. Post-Construction Storm Water Management; 9. Preparer; 10. Copy of the local permit; 11. BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Revised 03/25/09 Contract No. 38372 Page 124 of 130 Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Permit. If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of non-compliance. Add the following section: 300-13-1.2 Availability of SWPPP template. A site-specific draft document intended for use as a template for the required SWPPP document will be made available for use at the Contractor's option, at no cost to the Contractor. The document is available for review in Appendix D. The Contractor shall review the template and modify it as necessary to reflect the Contractor's operations. Add the following section: 300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be considered incidental to the items of work and no additional payment will be made therefore. Add the following section: 300-13.1.4 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the "Handbook" and these supplemental provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. Add the following section: 300-13.1.5 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. Revised 03/25/09 Contract No. 38372 Page 125 of 130 The construction site inspection checklist provided in the "Handbook" shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. 308-6 MAINTENANCE AND PLANT ESTABLISHMENT. Add the following: The Contractor shall provide temporary irrigation for hydroseeded areas for a minimum of 120 days to ensure adequate plant establishment. Towards the end of the maintenance period, the Contractor shall gradually reduce the amount of irrigation to allow plant adaptation to non-irrigated conditions. Upon the approval of the engineer, the temporary irrigation system shall be shut off at the end of the maintenance period. The hydroseeded areas must have their growth of 80% established and the coverage must be evenly successful over the entire hydroseeded area and adequate to prevent erosion no less than 30 days before the end of the maintenance period. Should the coverage not be achieved the maintenance period shall be extended until the required coverage is achieved plus an additional 30 day period. The Contractor shall call for a final inspection 30 days before the end of the maintenance period and at the end of the maintenance period. Failure to pass inspection will result in an extension of the maintenance period. The Contractor shall continue to provide maintenance for such time necessary to obtain conformance to the specifications. The Contractor shall submit shop drawings for the irrigation design to be reviewed by the City for approval. The above ground irrigation system shall be constructed with UV resistant PVC for mainlines and lateral lines, battery operated remote control valves, appropriate irrigation heads to achieve 100% head to head coverage over all irrigated areas, and in accordance with industry standards for irrigation design and construction. The temporary irrigation system shall utilize a temporary water point of connection at a temporary hydrant meter to be determined by the City of Carlsbad. 308-8 MEASUREMENT AND PAYMENT, add the following: The lump-sum or unit prices set forth in the contract documents shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, and equipment and performing all work necessary to complete, maintain, and guarantee the establishment of the hydroseeding described or specified in the contract documents, including seed and hydroseed slurry, erosion control matting, temporary irrigation, connection from meter to irrigation controller(s), installation of controller enclosure, as well as 120 days' maintenance and project guarantees. After completion of the project, the Engineer will retain $9,000 of the total contract amount, and will subsequently disburse the $9,000 to the Contractor on a monthly basis of $3,000 per month. The Engineer reserves the right to stop payment until all punch list submitted to the Contractor every month are completed. Revised 03/25/09 Contract No. 38372 Page 126 of 130 SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic. 313-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section 312 "Pavement Marker Placement and Removal", except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in section 312-1 "Placement", shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. Add the following section: 313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300mm (3" x 12") in size. The reflective sheeting shall be visible at 300 m (1000') at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The Channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section 312-1, "Placement." Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout work necessary to place the channelizers to the proper alignment shall be performed by the Contractor. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of section 4-1.5, "Certification". Said certificate shall certify that the channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer. Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, Revised 03/25/09 Contract No. 38372 Page 127 of 130 markings, and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. Add the following section: 313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand-filled crash cushions units as shown on the plans. 313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in sections 210-1.5 "Paint Systems" and 310 "Painting". Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours. The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the appearance of said units when ordered by the Engineer after the units are in place. Add the following section. 313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be manufactured per CALTRANS Standard Drawing T3. Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures"." Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to the provisions sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures". Steel bars to receive bolts at ends of concrete panels shall conform to ASTM Designation: A 36/A 36M. The bolts shall conform to ASTM Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M, shall have a minimum length of 660 mm and shall have a 75 mm (3") diameter by 9 mm (3/8") thick plate welded on the upper end with a 5-mm (3/16") fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in section 303-1.9.2 "Ordinary Surface Finish." Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor's name or logo on each panel. The name or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel. Add the following section. 313-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be installed per CALTRANS Standard Drawing T3. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed Revised 03/25/09 Contract No. 38372 Page 128 of 130 and maintained in alignment without substantial offset to each other. The precast concrete units shall be positioned straight on tangent alignment and on a true arc on curved alignment Each rail unit placed within 3 m (10') of a traffic lane shall have a reflector installed on top of the rail as directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement shall also be installed at e'ach end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of section 206-7.2, "Temporary Traffic Signs". Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition, or constructed to its planned condition. Add the following section: 313-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be "Energite III" manufactured by Energy Absorption Systems, "Fitch Inertial Barrier System Modules" manufactured by Roadway Safety Service, or equal. Features required to determine equivalence of any other temporary sand-filled crash cushion units shall be approval of the system by CALTRANS and that the temporary sand-filled crash cushion units meet NCHRP 350 standards. Other features will be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC) shall be of the type and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direction, is 4.6 m (15') or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per CALTRANS Standard Drawings T1 and T2 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard drawings. A Type J and/or P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement shall also be installed at each TSFCC array as shown in CALTRANS Standard Drawings T1 and T2. Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from. Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for traffic control and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, maintenance, painting and re-painting, replacement of damaged units and removal and shall also be included in the lump-sum price bid for traffic control. Payment for installation and/or relocation of K- Revised 03/25/09 Contract No. 38372 Page 129 of 130 rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per section 3-3, Extra Work, SSPWC. Revised 03/25/09 Contract No. 38372 Page 130 of 130